In Need of a Wrongful Termination Lawyer in Los Angeles?
Wrongful termination, also known as wrongful discharge, occurs when an employer fires or discharges an employee in a way that violates the employee’s legal rights. California is an at-will work state, and this restricts the employees’ ability to bring wrongful termination suits against their employers, even when an employment contract is involved. In California, wrongful termination laws are among the strongest in the United States. In order to successfully pursue a claim of wrongful termination, evidence of more than just unfair treatment is required.
The Law Provides You Rights and Protections in Los Angeles, California
Many employees do not realize when they are a member of a protected class or have a contract claim. Under California law, it is illegal to terminate an employee based on their race, gender, age, sexual orientation, disability, religion, or another protected status. Employers are also prohibited from retaliating against employees who report discrimination or harassment in the workplace or who participate in a legal investigation or proceeding related to such allegations.
You cannot be terminated, demoted, passed over for promotion, or otherwise have adverse action taken against you by an employer because of the following:
Our Los Angles Wrongful Termination Attorney Serve the Following Practice Area
- FEHA/Title-VII – The Fair Employment and Housing Act makes it illegal to discriminate against employees based on protected categories such as race and gender. Title VII also prohibits employment discrimination based on race, color, religion, sex, and national origin.
- Breach of Employment Contract
- Public Policy – An employee cannot be fired for reasons that violate public policy fundamentals, such as being terminated based on an illegal motivation like discrimination.
- Severance Agreements
- Discrimination for age, race, sex/gender, and national origin
- Retaliation and whistleblower claims
- An employee’s refusal to commit an illegal act
- Illegal termination regarding disability
- Asking for reasonable accommodations related to your disability
- Breach of good faith
- Wage and Hour – Employers cannot require employees to work off the clock, deny breaks or mealtimes, fail to compensate employees for travel time to worksites, and more.
Personal Attention, Determination, and Results in Los Angeles, California
At The Leichter Law Firm, APC located in Los Angeles, California, it is vital that our clients know their employment law matter is getting the attention it truly deserves. For this reason, we are very selective during the case intake process and only take those cases for which we believe our firm is the very best fit. Get legal advice from an experienced employment law attorney. Call our office to set up a free, confidential consultation. There is no obligation and we can inform you of your rights.
Negotiation Skills and Legal Knowledge in Los Angeles, California
If you need assistance with your departure from your employer in the form of a severance agreement, the Leichter Law Firm, APC can review the proposal, negotiate on your behalf, or even draft severance documents to help you move on after leaving your position. Our California wrongful termination lawyers can help with the following aspects of your case as well:
- Assessing the case: We will first review the facts of the case to determine if there is a strong case for wrongful termination. From there, we will analyze the evidence, including any documents or witnesses, to determine the strength of the case.
- Identifying potential claims: The next step is identifying any potential claims, such as discrimination, retaliation, or breach of contract, that the client may have against their former employer.
- Evaluating damages: Our California employment lawyers will then assess the damages suffered by the client as a result of the wrongful termination, including lost wages, benefits, and emotional distress.
- Negotiating with the employer: Our dedicated attorneys will negotiate with the employer, if necessary, or their representative on behalf of the client.
- Representing the client in court: If negotiations fail, which is rare in these cases, the Leichter Law Firm will represent the client in court and present evidence of the wrongful termination to a judge or jury.
Overall, our wrongful termination attorneys in Los Angeles, California can help negotiate for a client in a wrongful termination case by providing legal expertise, developing a strong negotiation strategy, and advocating for the client’s rights and interests.
Protect Your Legal Rights if You Have Lost Your Job Contact us at Leichter Law Firm, APC
We work hard for our clients who have been unjustly displaced by wrongful termination. Contact our employment law office in California today at 818-915-6624. If you feel your employer terminated you illegally, do not face this alone. Get answers. We can review your case, the federal and state employment laws, and, if applicable, your employment contract. We will provide experienced, aggressive, and committed legal representation both in and out of court.
Frequently Asked Questions (FAQ) for Wrongful Termination in Los Angeles, California
Is at-will employment legal in California?
Yes, at-will employment is legal in California. This means that an employer can generally terminate an employee for any reason, as long as it is not an illegal reason.
Can I be fired for no reason in California?
Yes, an employer can generally fire an at-will employee for any reason or no reason at all, as long as it is not an illegal reason, such as retaliation, discrimination, etc.
What damages can I recover in a wrongful termination lawsuit?
If you win a wrongful termination lawsuit in California, you may be able to recover damages Compensation may include:
- Lost wages: The amount of money that the employee would have earned from the time of the wrongful termination until the date of trial or settlement.
- Emotional distress: Wrongful termination can cause pain and suffering, which can be accounted for financially.
- Benefits: If the employee would have received benefits such as health insurance, retirement benefits, or stock options, that may constitute damages in a wrongful termination lawsuit.
- Punitive damages: In severe cases where the employer’s conduct was particularly egregious, malicious, or fraudulent, a court may award punitive damages.
Wrongful termination lawsuits vary greatly from case to case, and the specific details of each case impact the amount of damages you will be able to recover. Our experienced California wrongful termination attorneys can help you understand the damages that may be available in your specific case.
Can I sue my employer for wrongful termination?
Yes, you may be able to file a lawsuit against your employer for wrongful termination. An attorney can help you determine if you have a strong case and advise you on the legal process.
What is the statute of limitations for filing a wrongful termination claim?
In California, you generally have two years from the date of the termination to file a wrongful termination claim. However, there are some exceptions to this time limit, so it is important to consult with an attorney as soon as possible.
Can I be fired for whistleblowing in California?
No, it is illegal for an employer to fire an employee for whistleblowing, or reporting illegal or unethical behavior in the workplace.
A whistleblower is an employee who discloses information to a government or law enforcement agency, a person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance. In these cases, the employee has to have reasonable cause to believe the information discloses a violation of state or federal statute, a violation or noncompliance with local, state, or federal regulations, or unsafe working conditions.
Whistleblowers have specific workplace protections, including:
- An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
- An employer may not retaliate against an employee who is a whistleblower.
- An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute or a violation or noncompliance with a state or federal rule or regulation.
- An employer may not retaliate against an employee for having exercised their rights as a whistleblower in any former employment.
If an employee believes they have been wrongfully terminated, they can file a complaint with the California Department of Fair Employment and Housing (DFEH) or file a lawsuit against their employer. Remedies for wrongful termination in California may include back pay, front pay, reinstatement, and other damages.
Overall, California’s strong legal protections for employees make it critical for employers to carefully follow all applicable laws and regulations when making employment decisions, including decisions related to termination.
Can I be fired for taking leave under the Family and Medical Leave Act (FMLA) in California?
No, it is illegal for an employer to fire an employee for taking leave under the FMLA, or for taking leave for other reasons protected by law. The FMLA provides eligible employees with up to 12 weeks of unpaid leave for certain medical and family reasons, and employers are required to provide job protection to employees who take leave under the FMLA.
In addition to the FMLA, California has a state-specific law called the California Family Rights Act (CFRA). The CFRA provides eligible employees with up to 12 weeks of unpaid leave for similar medical and family reasons. Similar to the FMLA, employers must provide job protection to those employees who take leave under the CFRA.
Can I be fired for joining a union in California?
No, it is illegal for an employer to fire an employee for joining a union or engaging in union activities. Employees have the right to form, join, and participate in labor organizations, and employers are prohibited from interfering with these rights or retaliating against employees for exercising them. Additionally, California has laws that protect employees from discrimination based on their union membership or activities.
Can an employer be held liable for wrongful termination by a supervisor or manager?
Yes, an employer can be held liable for wrongful termination by a supervisor or manager if the termination was based on an illegal reason, and the employer knew or should have known about the illegal conduct and failed to take appropriate action.