From keeping movie sets going to typing away in offices, the people of California have all kinds of jobs to do. But no matter how different your job duties might be, your rights against wrongful termination are typically the same as everyone else’s.
If your boss fired you unfairly, you might have the right to take legal action against them. Any legal action you take is stronger when you have the help of a good Hollywood wrongful termination lawyer.
At Tomorrow Law™, our wrongful termination lawyers are highly experienced and passionate about protecting the California workforce. We are award-winning and effective advocates who are ready to help.
How Can a Wrongful Termination Attorney Help?
There are multiple steps to obtaining the relief you deserve after being fired illegally, and an attorney can help with all of them. These steps include:
- Identifying which laws apply to your case,
- Timely filing your claim in the proper venue,
- Gathering the right evidence to prove your claim,
- Negotiating and drafting a settlement agreement that effectively protects your interests,
- Arguing for maximum relief in a trial, and
- Ensuring you receive your award.
Now that you know how a Hollywood wrongful termination lawyer can help you, let’s review your rights.
An Overview of Wrongful Termination Laws
Without an employment contract, an employee in California is at will. This means that an employer can fire an employee for virtually any reason. But if your employer fires you for an illegal reason, it could owe you your job or financial damages.
Types of illegal terminations include the following:
- Firings in breach of employment contracts,
- Discriminatory firings,
- Terminations in violation of the Worker Adjustment and Retraining Notification Act (WARN),
- Firings that are unlawful retaliation, and
- Terminations against public policy.
A knowledgeable Hollywood unlawful firing attorney from Tomorrow Law™ can review the facts of your case and pinpoint which laws your employer broke when ending your employment.
Breach of Contract
Employment contracts come in many forms. They could be written or oral, and they could be express or implied. If you do not have a written and signed employment contract, you may still have contract rights if your employer’s policy and procedures or words your boss has said indicate that:
- Your employment is supposed to last for a particular period, or
- You can only be fired under certain circumstances.
If your employer breaks its word regarding one of the above-listed matters when firing you, you can sue for breach of contract.
Discrimination
Federal and state laws forbid employers from firing employees because of their protected characteristics. Protected characteristics include:
- Color,
- Disability,
- Military status,
- Race,
- Age (40 or older),
- Religion,
- Genetic information,
- Creed,
- Sex,
- Pregnancy,
- Veteran status,
- Sexual orientation,
- Marital status,
- Gender (including gender expression or identity), and
- Medical condition.
If your boss fires you because of a protected characteristic, you can seek damages for your loss.
The WARN Act
The WARN Act helps ensure that certain employers conduct mass layoffs appropriately. In California, employers with at least 75 employees must give at least 60 days advance written notice before firing 50 or more employees within 30 days. You can file for legal relief if your employer breaks this rule when it fires you.
Retaliation
A termination can be punishment for your misconduct, but it cannot be punishment for when you exercise your rights. Your boss is liable for unlawful retaliation if they fire you for taking rightful actions such as:
- Complaining about workplace discrimination,
- Reporting your employer’s illegal activity,
- Helping a colleague with a discrimination claim,
- Reporting a workplace safety issue,
- Refusing to take part in unlawful activity, or
- Reporting a wage and hour issue.
Before receiving relief in a claim, you may have to prove that you followed the proper protocols to exercise your rights. We can help you present the strongest case.
Public Policy
Californians have several rights and obligations that should not be disturbed by an employer’s threat of termination, including:
- Reporting for military duty,
- Taking time off to attend a necessary meeting at your child’s school,
- Disclosing your wages,
- Reporting for jury duty,
- Attending a judicial proceeding as a crime victim or a crime victim’s family member, or
- Reporting for duty as a first responder.
Some limits exist to engaging in these activities and retaining your rights against termination. Speak to us about the nature of your case so that we can provide you with maximum protection.
We Are Ready to Fight for You
At Tomorrow Law™, our attorneys for unlawful termination work hard and effectively for the workers of California. In our years of hard work, we have won millions for mistreated employees. If you need help, call us today or contact us online to schedule a consultation.
Frequently Asked Questions
What Rights Do I Have If I Am a Movie Set Employee in Hollywood?
You have the same rights against wrongful termination as any other employee. However, some of your underlying rights, such as your right to meal breaks, differ from those of an average employee.
Where Do I File a Complaint?
Where you file your termination complaint depends on what laws your employer violated. For example, a discrimination complaint may be to the California Civil Rights Division or the U.S. Equal Employment Opportunity Commission. Complaints regarding poor working conditions may be with the U.S. Department of Labor or the state’s Department of Industrial Relations.
What Defenses Does My Boss Have Against a Claim?
Your boss may be able to avoid liability if you were fired for misconduct or if you were an independent contractor. However, many employers lie about misconduct and independent contractor status. A false termination lawyer from our firm can debunk your employer’s false claims to help ensure your protection.
What Type of Relief Can I Receive?
If you file a successful wrongful termination complaint, you may have a right to compensation for your losses, attorney fees, emotional distress, job reinstatement, and punitive damages.