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Wrongful Termination Attorney Los Angeles
If you’ve been fired from your job in Los Angeles CA, you might wonder if it’s a case of wrongful termination. In California, wrongful termination is still part of employment law, even though it is an “at-will” employment state. People often confuse this because they falsely believe that because an employee may be terminated at any time for any reason or no reason, it nullifies wrongful termination claims. That’s simply not the case. A wrongful termination lawyer in Los Angeles can explain employment law to determine if you were wrongfully terminated. California employment laws protect you from lost wages and benefits and help you recover compensation.
Los Angeles Wrongful Termination Grounds
In Los Angeles, wrongful termination lawyers can help you determine if your wrongful termination claim is valid. Wrongful termination cases violate the standards set by the Equal Employment Opportunity Commission or public policy. Wrongful termination lawyers in Los Angeles understand employment law. Then your wrongful termination attorney can assess whether public policy and other California or federal laws were breached to back your claim for wrongful termination.
What Options Do Wrongfully Terminated Employees Have?
In Los Angeles, California, your termination cannot go against your employment contract or violate your legal rights. A law firm can give you legal advice to verify whether your employer was within their rights. The “At-will” rule in California does not mean that an employee gives up their legal rights that are guaranteed by state and federal laws.
Employees who were wrongly terminated should consult with an employment lawyer. They can assess your termination and offer a case evaluation. California law protects employee legal rights. Employees may file a claim if they’ve been terminated due to discrimination, harassment, and other issues, such as medical leave.
How Can Wrongful Termination Attorneys Help?
For employees who have been terminated from employment, the emotional distress and financial loss are devastating. A lawyer can protect rights reserved for employees. Your employer is not allowed to fire you from a job due to discrimination based on any of the protected classes of state law. Employees who are wrongfully terminated may be able to recoup some of their wage and hour salary that was due them through employment in California.
Employment lawyers can assess your case, offer consultation, file a claim, and get you compensation for the loss of your job.
What Issues Fall Under Wrongful Termination
Because California is an “At-will” state, it can be difficult to ascertain whether an employee was wrongfully terminated. Here are a few basic reasons that it is always illegal to fire an employee:
- Discrimination. This is a large umbrella term that includes sex, race, creed, color, ethnic background, religious affiliation, and LGBTQ status. An employer cannot terminate or refuse to hire/promote an individual based on discriminatory practices.
- Retaliation. You might experience a retaliatory termination if you’ve filed a claim against the company or a person in the company. You may also fear retaliation if you’ve refused to do something illegal or are working with authorities to report something illegal within the company.
- Medical or Family Leave. You cannot be fired for taking leave that is legally protected. California and the federal government have laws that provide for medical and family leave to care for sick relatives. Your company may not need to legally pay benefits for the time missed but they do need to provide the time off without fear of losing the employment.
Wrongful Termination for Sexual Orientation
In Los Angeles California, it’s illegal to terminate an employee based on sexual orientation. It’s also illegal for companies to allow harassment of employees or stop employees from advancing in their careers based on sexual orientation. If you have been fired or passed over for promotion for positions you were the most qualified for and you are gay, transgender, bisexual, or lesbian, you may have a wrongful termination case.
Wrongful Termination in Sexual Harassment Cases
There are a few ways that sexual harassment can lead to a wrongful termination case. If the terminated employee was sexually harassed and filed a claim, the company cannot fire the employee in retaliation.
An employee cannot be terminated for refusing sexual advances at work. An employee also cannot be terminated for “whistleblowing” or reporting illegal activities, this includes sexual harassment and may also include any illegal activity performed by the company or employees at the company.
Wrongful Termination in Workers Compensation
If an employee is injured at work, they have the right to seek compensation to cover medical bills and lost wages. An employer cannot terminate the employee for filing a compensation case. If you’re injured at work, your employer has a responsibility to cover the damages and it cannot impact your employment status with the company.
Wrongful Termination for Race Color or National Origin
It is illegal to terminate an employee based on their color, race, or national origin. If you’ve lost a job, not been hired for a job, lost a promotion, or faced harassment based on discrimination, you are entitled to damages. Discrimination can include ethnic, religious, and agism. Your employer is legally obligated to provide a safe work environment, which includes training initiatives. The employer is also responsible for taking action once they’re notified that an incident of discrimination has taken place.
It is illegal to terminate an employee due to discrimination. In cases where there is harassment at work, the company cannot fire the harassed party to remove the problem. If you’ve filed a claim of harassment, the employer cannot terminate you in retaliation for filing a claim.
Termination That Breaches Contract
If you have an employment contract, your employer cannot terminate you for reasons outside of those stated in the contract. For instance, if the contract stipulates causes for termination, the employer must show that you were in breach of contract to terminate.
Your employer would have legal reasons to terminate if you didn’t follow all of the responsibilities laid out in the contract.
Wrongful Termination Regarding Medical Leave
You may have a wrongful termination case in California if you were fired due to medical leave. This includes cases where you miss work due to an injury incurred at work and a medical illness or disability. Employers cannot fire you based on your medical conditions or a disability, which makes you a protected person under the law.
Often companies will look for reasons to fire an employee who has extensive absences or medical issues. They will not tell you that the reason is medical because they’re fully aware that it’s illegal to fire someone based on their disability or medical issues. The fact that they don’t give you a written statement or proof does not mean that you’re not entitled to file a suit based on medical termination. Discuss the situation with your lawyer to see if you can prove your claims legally. Often the medical timeline will help prove your case.
Do You Need an Employment Attorney Consultation?
Contact us if you need employment lawyers who can help you understand the law and seek punitive damages for discrimination or harassment and other issues that are protected by law. You may be entitled to compensation benefits for emotional distress.
It can be difficult to determine whether your case falls under the legally protected guidelines. An employment law expert can assess your case. Every scenario is different and employers often hide their reasons for termination because they are aware that it’s illegal to fire people who are protected under the law. This doesn’t mean that you cannot file a suit. On the contrary, it’s in your best interest and future employee’s best interest to file a claim and get the damages that you’re entitled to.
Cases like these help to make the workplace safer because employers are more likely to take claims seriously and work to build a safe environment for all employees. Contact us today to assess your case and protect your rights.
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Disclaimer: This site contains general information only. It is not intended to provide legal advice, nor does it substitute for the professional judgment of The CAPITAL Law Firm concerning the facts and the laws that apply in your individual case.
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