Los Angeles Wrongful Termination Lawyer

What Is a Wrongful Termination?

Wrongful termination is termination based on an illegal reason, such as discrimination or retaliation. California falls into the category of what is known as an “at will” state. This implies that employers can terminate employees at will, without justification.

Unfortunately, this means that you can show up on time, perform excellent work, stay within your boundaries, and still be legally fired. However, this “at will” rule has its exceptions.

Californians are protected by California law that allow them to under employment law attorney pursue legal action when victimized by a wrongful termination.

It should also be noted that all Californians, regardless of their immigration status, are covered by state employment laws, including temporary migrant workers.

This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen.

Wrongful Termination for Discriminatory Reasons

Los Angeles employees are protected from unlawful discrimination by California’s Fair Employment and Housing Act (FEHA). The FEHA provides a long list of reasons why a worker may not be terminated from their employment (including some of those listed above).

In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes or seek to disadvantage their hiring prospects.

Californians, like all Americans, are also protected by federal laws and can enforce those laws through the Equal Employment Opportunity Commission (EEOC) in USA.

Employers are explicitly forbidden from firing employees because they fit into certain classifications. A non-comprehensive list of reasons your employer cannot terminate your employment includes the following:

Employers are explicitly forbidden from firing employees who fit into certain classifications. A non-comprehensive list of reasons your employer can not terminate your employment for includes the following:

• Physical or mental disabilities,
• Age,
• Race,
• Gender,
• Sexual orientation/identity,
• Religion,
• Military status,
• Political beliefs,
• Whistleblower status,
• Use of Family Medical Leave or Pregnancy,
• Being a victim of abuse or stalking,
• Discussing income or workplace conditions,
• Filing a safety complaint,
• Making a reasonable request for accommodations,
• Filing a worker’s compensation claim,
• Violations of the WARN Act (requiring notice before mass layoffs), and
• Termination without cause in a situation with an implied contract.

If you believe you have been terminated for any of these reasons, consider contacting wrongful dismissal lawyers to understand your rights.

Wrongful Termination for Retaliatory Reasons

California workers also have protections against being discharged for retaliatory reasons. In other words, an employer cannot fire an employee for filing a legitimate complaint or claim or asserting their rights.

Examples of wrongful termination for retaliatory reasons include getting fired for:

• Filing a sexual harassment complaint,
• Reporting unsafe work conditions,
• Taking family medical leave,
• Discussing income or workplace conditions,
• Making a reasonable request for accommodations,
• Filing a workers’ compensation claim,
• Being a whistleblower, or
• Alleging racial discrimination.

Firing someone as a form of retaliation is unlawful and unconscionable. If you engage in a protected activity and are terminated as a result, the wrongful termination attorneys in our office can help.

Wrongful Termination for Breach of Contract

When a contract governs an employment relationship, wrongful termination claims can arise if an employer breaches the terms of that contract.

In California, these claims can stem from written or implied employment contracts, the latter often inferred from emails, company policies, or other communications.

A common wrongful termination scenario involves the dismissal of an employee before the contract term expires. For example, if an employee has a two-year contract and is terminated after one year without cause or valid justification, this could constitute a breach of contract. Your  wrongful termination attorney can help you evaluate the terms of your contract.

To bolster a valid wrongful termination claim, an employee should gather evidence demonstrating:

• Satisfactory performance—documented performance reviews, commendations, or any other positive feedback that supports the claim of fulfilling job duties effectively;
• Pretext for termination—evidence suggesting that the stated reason for termination is not true, which can include inconsistencies in the employer’s explanation or lack of documented performance issues; and
• Alternative motives—situations such as financial difficulties, company restructuring, or other factors unrelated to the employee’s performance that may have influenced the termination decision.

If an employee can show that the employer never intended to honor the full term of the contract, the employee may also have grounds for a fraud claim.

This involves proving that the employer entered the contract without the intention of fulfilling it, which can further support the wrongful termination case.

Wrongful Termination for Violation of Public Policy

Wrongful termination for violation of public policy occurs when an employer fires an employee for reasons that go against established public policies in California.

These public policies are often grounded in constitutional provisions, statutes, or regulations that reflect fundamental societal principles. In California, employees are protected from being terminated for engaging in activities that serve the public good or for refusing to participate in actions that violate public policy.

To establish a claim for wrongful termination based on a violation of public policy, the employee must demonstrate that:

• The policy is fundamental, well-established, and beneficial to the public;
• The employee’s termination contravenes this public policy;
• There is a clear connection between the employee’s conduct and the policy; and
• The employee’s conduct was a substantial factor in the termination decision.

For example, employees exercising their legal rights, such as taking family or medical leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA), cannot be terminated for doing so. Similarly, employers cannot fire employees for filing a workers’ compensation claim after a workplace injury.

Your LA wrongful termination attorney can help you determine if your release violated public policy.

Other Types of Wrongful Termination in Los Angeles

Although discriminatory and retaliatory wrongful termination are the most common, there are a few other circumstances where termination may be considered wrongful.

Your Los Angeles unlawful firing attorney will help you determine if the reason you were released from your employment was illegal.

When a termination breaches the terms of an employment contract, collective bargaining agreement, employment law, or implied contract, the employee can file a lawsuit in federal or state court.

Additionally, if the wrongful termination occurs and violates any other laws, such as the WARN Act, it may be illegal. The WARN Act requires employers to give a certain amount of notice to employees before a mass layoff.

Difference Between Employees & Independent Contractors

Many companies choose to retain independent contractors for certain roles instead of employees. In California, employees have more protections than independent contractors.

For instance, anti-discrimination laws do not extend to independent contractors. Therefore, an important distinction must be made between employees versus independent contractors.

In recent years, the line between the two classifications of workers has been shifting. For example, California legislators have been pushing to reclassify drivers for ridesharing companies drivers (such as Uber and Lyft) as employees. With certain exceptions, in order for a worker to be considered an independent contractor, their employer must prove that:

1. The worker is free from the control of the employer;
2. The worker performs work outside the usual business of the employer;
3. The worker has an independent trade for the type of work performed; and
4. Independent contractors are legally exempt from many of the protections provided to employees.

For example, a plumber hired to repair a leak in a restaurant bathroom would more than likely be considered an independent contractor, while a cook hired by that same restaurant would likely be considered an employee.

Independent contractors are legally exempt from many of the protections provided to employees. Our wrongful termination lawyers can help you determine if you are an independent contractor or employee.

Protections from Wrongful Termination in Los Angeles

Los Angeles employees are protected from unlawful discrimination by California’s Fair Employment and Housing Act (FEHA). The FEHA provides a long list of reasons why a worker may not be terminated from their employment (including some of those listed above).

In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes, or seek to disadvantage their hiring prospects.

It should also be noted that all Californians, regardless of their immigration status, are covered by state and federal employment laws here, including temporary migrant workers. This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen.

Californians, like all Americans, are also protected by federal laws and the Equal Employment Opportunity Commission.

Contact a Los Angeles Wrongful Termination Lawyer. We Hold Employers Accountable.

Tomorrow Law™ is devoted to recovering the unpaid wages you are owed, and compensating you for any loss that illegal termination by your employer has caused. A legal expert from our Los Angeles wrongful termination law firm can get your case started with a free initial consultation today.

Our contingency fee basis ensures that you will never pay out-of-pocket; that is, you do not have to pay any fees unless you win or recover maximum compensation.

Don’t wait – there are statutes of limitations, or time restrictions, on these types of legal matters. Contact the Tomorrow Law™ team at (323) 675-2374.

Frequently Asked Questions

What Are Some Examples of Wrongful Termination in Los Angeles?

Wrongful termination cases are all unique. Some cases that our attorneys for unlawful termination have seen include:

• Terminating an employee for reporting sexual harassment at work,
• Discharging older workers with more than 20 years of experience in favor of younger workers,
• Firing an employee for reporting unsafe working conditions to OSHA,
• Terminating employment for supporting a political candidate contrary to the employer’s preferences,
• Letting an employee go for requesting reasonable accommodations for a disability,
• Terminating an employee after they refuse to engage in fraudulent accounting practices,
• Firing an employee after they filed a workers’ compensation claim, and
• Replacing an employee while they were out on parental leave.

Despite California being an at-will state, there are some grounds for termination that are simply unlawful.

Is Breach of Contract an Exception to At-Will Employment?

Yes, if you are terminated in violation of an express or implied contract, you may have a claim for wrongful termination. You must show that the employer gave you the impression that you had certain rights or protections.

For example, they may have promised you a specific term of employment or that they will terminate you only for certain reasons.

What Are Other Exceptions to At-Will Employment in Los Angeles?

You cannot be fired for doing something that public policy would encourage. For example, you cannot be fired for taking time off from work because of the following reasons:

• Serving jury duty;
• Appearing for court under subpoena as a witness to or victim of a crime;
• Obtaining victim’s relief to help ensure the health, safety, or welfare of you or your child;
• Reporting abuse;
• Volunteering as a firefighter, peace officer, or an emergency rescue personnel; or
• Appearing by request at the school of a pupil as their parent or guardian.

It is also against public policy to fire an employee who filed a workers’ compensation claim or reported wrongful activity at the workplace. This is not an exhaustive list of public policy considerations in the context of a wrongful termination lawsuit.

A wrongful dismisal attorney with Bibiyan Law Group can help you determine if your discharge violated public policy.

What are employee rights if I am fired based on false statements about me?

You may have a cause of action for defamation of character if false statements made about you resulted in your termination. To prove defamation, you need to show that your former employer:

• Made a false statement of fact,
• Published or communicated the false statement without privilege to a third party,
• Knew or had reason to know the statement was false, and
• Injured you by making the false statement.

In the context of your livelihood, false statements about your professional behavior or competence can be especially damaging.

What Are My Rights If I Was Forced to Quit?

If your employer intentionally creates working conditions that are so intolerable that you have no choice but to quit, that constitutes a constructive discharge. In some instances, constructive discharge can amount to wrongful termination.

In California, constructive discharge occurs when an employer creates such intolerable working conditions that a reasonable person in the employee’s position would feel compelled to resign.

What Constitutes Constructive Termination in Los Angeles?

Constructive termination arises when an employer’s actions make the work environment unbearable. This doesn’t involve an explicit firing but rather a resignation that the circumstances created by the employer forces.

To establish a claim for constructive termination, the employee must demonstrate that the working conditions were so adverse that resignation was the only reasonable option.

To succeed in a constructive termination claim, the employee must prove that:

• Intolerable conditions—the working conditions were so intolerable that a reasonable person in the same situation would have felt forced to resign;
• Employer’s intent—the employer intended to create or knowingly allowed these intolerable conditions; and
• Prompt resignation—the employee resigned promptly due to these conditions.

Constructive termination claims can be complex and require substantial evidence to support the allegations. Employees considering such a claim should document all incidents of harassment, other discrimination claims, or other adverse actions, including dates, times, and witnesses.

Consulting with experienced wrongful termination lawyers is essential to navigating the legal process and building a strong case.

How Do I File a File Claim for Wrongful Termination in Los Angeles?

The governmental agency or jurisdiction where you can file your claim for wrongful termination depends upon the facts of your case and the rights that were violated. For example, if your termination violated an implied contract, you would file a lawsuit in state or federal court.

However, if you were fired for discriminatory reasons, then you would file a claim with the EEOC or with the California Civil Rights Department. Our wrongful termination law experts can help you determine where, when, and how to file a claim.

Do I Have to File a Lawsuit in Los Angeles?

No, a lawsuit is often not desirable for either you or your employer. Accordingly, settlements can be an attractive option to resolve the issue. A settlement agreement may include financial compensation, reinstatement to your position, or promises from the employer to change certain objectionable working conditions. In exchange, you waive your right to bring a claim for wrongful termination in court.

When reviewing a settlement agreement, you should understand the following:

• What are your obligations in the agreement?
• What rights are you giving up in the agreement?
• What are the obligations of the employer in the agreement?

It is generally not a good idea to accept a settlement offer before talking to a wrongful termination lawyer. Our experienced wrongful termination employment lawyers will have reviewed countless settlement agreements and can help you navigate the settlement process.

What Remedies Are Available in a Wrongful Termination Action in Los Angeles?

Remedies can include reinstating your employment and reimbursing you for lost wages and work benefits. However, back pay and reinstatement do not always make an employee whole when they have experienced a wrongful termination.

In some cases, wrongful termination can make an employee depressed or anxious. If an employee can show that they suffered from emotional distress, they may be able to recover damages for pain and suffering.

In the most egregious cases, a court might also award punitive damages. These damages are not related to specific losses you suffered but instead punish the employer to deter future bad behavior.

You may also be able to recover attorney fees. Our skilled wrongful termination attorneys in Los Angeles work diligently to obtain a fair outcome for our clients.

How Can the Los Angeles Unlawful Firing Lawyers at Tomorrow Law™ Group Help Me?

Being fired unlawfully can be very challenging for a variety of personal and professional reasons. Wrongful termination can impact your ability to provide for your family. It can also affect your ability to prepare for an emergency or get future employment.

In this economy, the effects of a wrongful termination can be long lasting. The experienced Los Angeles unlawful firing lawyers at Tomorrow Law™ Group believe that employees in Los Angeles deserve to be able to earn a living with respect and dignity.

Employers who take advantage of their employees must be held accountable. We will zealously advocate for our clients when they are faced with a potential wrongful termination claim.

Our Los Angeles wrongful termination attorneys are with our clients at every stage with reliable legal advice and reputable legal services. We have supported many clients in wrongful termination cases.

This has given us extensive experience in gathering relevant evidence to build a strong case. We have also helped our clients thoroughly investigate complicated and challenging claims.

Our wrongful discharge lawyers are trained to review employment agreements and policies to determine the rights of our clients. Our other employment law firm also assists throughout the complaint process. This includes filing complaints with the appropriate agency or jurisdiction, reviewing settlement agreements, participating in settlement negotiations, and filing a lawsuit.

We are committed to securing a fair outcome for our clients who are victims of wrongful termination. Our experienced LA employment attorneys can help you understand and fight for your rights under the law. Contact us today for free consultation.