Los Angeles, CA Wrongful Termination Lawyer

California Wrongful Termination Laws

As a Los Angeles, CA wrongful termination lawyer can elaborate on, there are comprehensive laws concerning wrongful termination, which provide affected workers with many legal protections that they depend on. As wrongful termination lawyers know, we understand the importance of these laws and how they can safeguard your rights in the workplace. In this article, we will delve into the specific laws related to wrongful termination in California, providing you with a comprehensive overview of your rights as an employee.

At-Will Employment In California

One key aspect of California employment law is the concept of “at-will” employment. California is an at-will employment state, which means that, in the absence of an employment contract that specifies otherwise, both the employer and employee can terminate the employment relationship at any time, for any reason, with or without cause. Despite this, it does not grant employers the ability to unjustly fire their employees.

Wrongful Termination Laws

California’s laws prevent employers from terminating their employees for certain reasons. Employers are prohibited from firing employees on the basis of discrimination, retaliation, or in violation of public policy. Discrimination includes termination based on an employee’s race, gender, religion, sexual orientation, disability, or other protected characteristics. Retaliation occurs when an employer terminates an employee for engaging in protected activities, such as reporting workplace harassment or safety violations. Termination in violation of public policy refers to situations where an employer fires an employee for refusing to engage in illegal activities or exercising legal rights, like taking family or medical leave.

Family And Medical Leave

California also extends protection to employees through the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws allow eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for certain family or medical reasons. Employers are prohibited from terminating employees for taking protected leave or retaliating against them in any way. An employer is not legally allowed to terminate employees for deciding to take protected leave or committing retaliatory actions against them.

What must you prove for wrongful termination in California 

It is not enough to state that your employer didn’t like you and fired you for no good reason. In fact, most places of employment are considered to be at will and your employer does not need to fire you for a particular reason. However, if you believe that they terminated you based on one of the reasons below, you should speak with our Los Angeles wrongful termination lawyer as soon as possible.

• They terminated you because they were discriminating against you
• They terminated you as a result of a breach of contract
• They terminated you because they were retaliating against you for certain actions you took

The law is not automatically on your side when it comes to wrongful termination. The burden of proof will be on you, the employee, to provide sufficient evidence that shows your employer terminated you for something like retaliation or discrimination. 

My ex-employer is stating it was for violating company policy or poor performance. What can I do 

Many employers who fire someone wrongfully will hide behind a legitimate reason when they terminate them. This is one of the reasons it can make it so difficult to prove that your employer wrongfully terminated you. Your lawyer will work tirelessly to prove that not only is your employer incorrect in stating that you had poor performance or violated company policy, but that you were fired based on things such as your gender, your race, or even retaliation. You will need to have evidence like witness statements, emails, video footage, or other paper trails that can show your employer’s intention when firing you. You can also show things like: 

• Your employer fired you shortly after you made some kind of complaint
• Your employer has displayed a pattern of excluding you (and others of a protected class) 
• Your employer has a history of complaints
• Your employer has a history of making jokes that are discriminatory

Find Legal Help Today

When you are attempting to pick up the pieces after you were fired and believe that you were wrongfully terminated, it is time to take legal action. Your livelihood depends on it. When you are ready to file a wrongful termination claim, reach out to the trusted team at Seber Bulger Law. Our Los Angeles wrongful termination lawyer is here to help you today. 

One of the most distressing and frustrating experiences anyone can experience is being unlawfully fired, as a Los Angeles, CA wrongful termination lawyer knows. However, it’s crucial to stay calm, focused, and take appropriate actions to protect your rights and seek justice. If you find yourself in such a situation, here are four essential steps you should consider taking after being wrongfully terminated.

Gather Evidence and Document Everything

Gathering as much persuasive and diverse evidence as possible is central to preparing a case. Begin by collecting all relevant documents related to your employment, including your contract, pay stubs, performance evaluations, and any emails or messages that may support your claims. Remember to take notes of incidents, conversations, or actions that led to your termination. Documenting everything promptly and accurately will help you establish a clear timeline of events and strengthen your case.

Consult an Employment Attorney

Seeking professional legal advice is crucial when facing wrongful termination. Schedule a consultation with an experienced employment attorney who specializes in labor laws and wrongful termination cases. They can assess the details of your situation, provide guidance on your rights, and help you understand the legal options available to you. A skilled Los Angeles wrongful termination lawyer can guide you through every part of the process and ensure that your complaint is filed properly. 

File a Complaint with the Relevant Authorities

Depending on your jurisdiction, there may be different entities you can report your wrongful termination to. Start by filing a complaint with the appropriate government agency responsible for labor and employment issues. In the United States, this could be the Equal Employment Opportunity Commission (EEOC) or the relevant state agency. Be sure to include your documentation when you are filing your complaint. These agencies will investigate your claim and may take legal action on your behalf or issue a right-to-sue letter.

Explore Mediation or Legal Action

Explore possible resolutions that can be effective for your case. Mediation can be an effective alternative to a lengthy court battle. It involves a neutral third party who helps facilitate a discussion between you and your former employer to reach a mutually agreeable resolution. Mediation can save time, money, and provide an opportunity for a resolution without going to court.

If for whatever reason mediation does not yield success, you can look to your lawyer for further guidance. Your attorney will guide you through the process, including filing the necessary legal documents, representing you in court, and seeking compensation for lost wages, emotional distress, or other damages resulting from the wrongful termination.

Arrange A Consultation

Wrongful termination can be a challenging and emotional experience, but taking these four essential steps can help you protect your rights and seek justice. Remember to gather evidence, consult with an employment attorney, file a complaint with the relevant authorities, and explore mediation or legal action if necessary. While the process may be daunting, it’s important to stay determined and fight for your rights. For personalized legal assistance regarding wrongful termination, contact a skilled Los Angeles wrongful termination lawyer from Seber Bulger Law as soon as possible. 

Proving wrongful termination if you weren’t given a reason for being fired

Proving wrongful termination when no explicit reason is provided for your dismissal can be challenging but not impossible. In such cases, the burden of proof often shifts to circumstantial evidence that suggests your termination was unlawful. Some strategies our team can implement are:

• Performance Evaluations: If you have a history of positive performance evaluations or promotions, this can be used to challenge the notion that your performance was the reason for your termination.
• Witness Testimonies: Coworkers who observed your work and the circumstances leading to your termination may provide valuable witness testimonies to support your case.
• Discrimination or Retaliation History: If you have a documented history of raising concerns about workplace discrimination, harassment, or retaliation, it can be used to argue that your termination was related to your protected activities.
• Comparative Evidence: Comparing your treatment to that of other employees who were not terminated or who were treated differently can help establish disparate treatment.

An experienced attorney from our team can help you prove that you were wrongfully terminated.

Is there a time limit for filing a wrongful termination lawsuit in Los Angeles, CA

Yes, there is a time limit, known as the statute of limitations, for filing a wrongful termination lawsuit in California. Typically, you have two years from the date of your termination to file a claim. However, it’s important to consult with a Los Angeles wrongful termination lawyer promptly, as there can be exceptions and variations depending on the circumstances of your case. If you fail to comply with the statute of limitations, you can lose the opportunity to pursue legal action.

seeking compensation beyond lost wages in a wrongful termination case

Yes, in a wrongful termination case, you may seek compensation beyond lost wages. Depending on the specifics of your case and the law, you may qualify for the following types of compensation:

• Emotional Distress Damages: Compensation for the emotional suffering, distress, and psychological impact caused by the wrongful termination.
• Punitive Damages: In cases where your employer’s actions were particularly egregious, punitive damages may be awarded to punish the employer and deter similar conduct in the future.
• Attorney’s Fees: If your wrongful termination case prevails in court, you may be entitled to recover attorney’s fees, ensuring that the cost of legal representation does not become an additional burden for you.

Consulting with an experienced Los Angeles wrongful termination lawyer at Seber Bulger Law can help you understand the full scope of potential compensation available to you, something which is possible when you call our legal professionals today!

Los Angeles Wrongful Termination Frequently Asked Questions

If you feel you’ve been fired without good cause, a Los Angeles wrongful termination lawyer can help you fight back. Read on to learn more about wrongful termination, and get in touch with the team at Seber Bulger Law to get started with your case.

What Qualifies As Wrongful Termination?

Wrongful termination occurs when an employer unlawfully terminates an employee’s contract. In most cases, employment is “at-will,” allowing employers and employees to end the working relationship without cause.

However, there are some important exceptions. If an employee speaks out against unsafe, illegal, or unethical practices and faces retaliation as a whistleblower, they may be protected from wrongful termination. The same applies for refusing to do illegal tasks, or firings that were due to discrimination.

What If I Was Fired For Refusing To Do Something Illegal?

An employee cannot be fired for refusing to engage in illegal activities, regardless of their job position. If an employer requests an employee to participate in illegal actions and subsequently terminates their employment for refusing to comply, the employee has the right to seek compensation for wrongful termination. If this sounds familiar, get in touch with a Los Angeles wrongful termination lawyer as soon as possible.

What Are Examples Of Wrongful Termination?

Wrongful termination can take various forms. In some cases, an employee may be wrongfully terminated due to discrimination. Discrimination in the workplace can manifest based on age, race, gender, religion, or other protected characteristics. Examples include:

• Age Discrimination
• Being denied opportunities for growth based on age.
• Racial Discrimination
• Experiencing bias or being sidelined based on race during promotions or job assignments.
• Gender Discrimination
• Receiving unequal pay compared to colleagues of a different gender, which is prohibited by law.
• Religious Discrimination
• Not being granted reasonable accommodation for religious beliefs.

How Can Wrongful Termination Lead To A Hostile Work Environment?

Wrongful termination, discrimination, and retaliation can foster a hostile work environment, making it incredibly challenging for employees to return to work with a sense of security and peace of mind. Such an environment negatively impacts an employee’s emotional well-being and can hinder their productivity and job satisfaction.

Why Seek Legal Assistance In Cases Of Wrongful Termination?

If you believe you have been wrongfully terminated, or if you’re facing retaliation and discrimination at the workplace, you should seek legal counsel from an employment litigation lawyer.

A skilled lawyer can help you understand your rights, assess the merits of your case, and guide you through the legal process. They will be a strong advocate for your cause, fighting to protect your employee rights and seeking appropriate compensation for the harm caused by the wrongful termination.

Can I sue for wrongful termination if my employment contract has a termination clause?

Yes, even if your employment contract has a termination clause, you can pursue wrongful termination by working with a Los Angeles, CA wrongful termination lawyer. Employment contracts often involve complex legal considerations, and the mere presence of such a clause doesn’t necessarily exempt your employer from potential liability for wrongful termination. Consulting with Seber Bulger Law is crucial in assessing the validity of your case. They can help you navigate the intricacies of your contract and determine whether any provisions may be challenged in light of applicable employment laws.

Is it possible to file a wrongful termination claim if I was laid off due to COVID-19 related cutbacks?

Absolutely, you can still file a wrongful termination claim if you believe your layoff was unjust, even if it was a result of COVID-19-related cutbacks. While the pandemic has led to numerous layoffs and downsizing efforts by employers, it’s essential to understand that these circumstances do not shield employers from accountability if they engaged in wrongful termination practices. Working with a Los Angeles wrongful termination lawyer can help determine if you were fired for an unjust cause. They can conduct a comprehensive review of the circumstances surrounding your layoff, including the timing, selection criteria, and any indications of discriminatory or retaliatory motives, to determine if your employment rights were violated.

Get In Touch With Seber Bulger Law Today

Wrongful termination is a serious issue that demands attention and action. Employees have the right to a fair and respectful workplace, free from discrimination, retaliation, and unethical practices.

If you believe you’ve been wrongfully terminated or subjected to discrimination, get in touch with the team at Seber Bulger Law today. We can provide the necessary guidance, support, and legal representation to help you seek justice and compensation.

Remember, no one should endure a hostile work environment or wrongful firings. Empower yourself, take action today, and see how a Los Angeles wrongful termination lawyer from our office can help.