Being wrongfully terminated from your job can be a devastating experience. It can leave you feeling hurt, betrayed, and uncertain about your future. Wrongful termination occurs when your employment is terminated for reasons that are illegal or violate your rights as an employee. This can include being fired based on your race, gender, age, or disability or for reporting illegal activities within the workplace.
If you believe you have been wrongfully terminated, it is important to take action to protect your rights. Contact the Los Angeles employment lawyers at the Arshakyan Law Firm today to get started.
Wrongful Termination in California
In the state of California, there are laws in place to protect employees from wrongful termination. California is an at-will employment state, which means that employers can terminate an employee for any reason, as long as it is not illegal. However, there are certain exceptions to this rule.
One of the exceptions is when the termination is based on discrimination. California law prohibits employers from terminating employees based on protected characteristics such as:
- Race
- Gender
- Age
- National origin
- Religion, disability
- Marital status
- Sexual orientation
- Pregnancy status
If you believe that you were fired because of one of these protected characteristics, you may have a case for wrongful termination.
Another exception is when the termination is in retaliation for whistleblowing. If you reported illegal activities within your workplace and were subsequently fired, it may be considered wrongful termination. California has strong whistleblower protection laws in place to encourage employees to come forward and report illegal activities without fear of retaliation.
Common Examples of Wrongful Termination
Wrongful termination occurs when an employee is fired for illegal or improper reasons. Below are several common examples that workers should be aware of:
Discrimination
Being terminated due to protected characteristics like race, gender, age, disability, religion, national origin, or sexual orientation constitutes wrongful termination. For instance, if an older employee with strong performance reviews is replaced by a younger worker primarily due to age, this would likely qualify as age discrimination. Similarly, firing someone after learning about their pregnancy or terminating an employee who requires reasonable accommodations for a disability would fall into this category.
Retaliation
Employers cannot legally fire workers for exercising their workplace rights or reporting misconduct. This includes terminating employees who file workers' compensation claims, report safety violations, participate in workplace investigations, or expose fraudulent business practices. Even subtle forms of retaliation, like firing someone shortly after they've complained about sexual harassment or participated in union organizing activities, may qualify as wrongful termination.
Breach of Contract
When employers violate the terms of an employment agreement, whether written or implied, it can constitute wrongful termination. This encompasses situations where companies ignore progressive discipline policies, terminate without proper cause as specified in the contract, or fail to follow agreed-upon procedures for performance improvement and termination. Even employee handbooks can sometimes create implied contractual obligations that employers must honor.
Constructive Discharge
Sometimes, employers make working conditions so intolerable that an employee has no choice but to resign. This might involve severe harassment, dramatic reductions in hours or pay, forced relocation, or systematic isolation from workplace activities. When employers deliberately create these hostile conditions to force someone to quit rather than firing them directly, it may qualify as a constructive discharge - a form of wrongful termination.
Public Policy Violations
Terminating employees for reasons that violate established public policy is also illegal. This includes firing workers for serving jury duty, taking family medical leave, refusing to engage in illegal activities, or exercising other legally protected rights. The key factor is that the termination conflicts with fundamental public policy objectives reflected in constitutional, statutory, or regulatory provisions.
Steps to Take if You Think You Were Wrongfully Terminated
If you believe you were wrongfully terminated, it's essential to take prompt and strategic action to protect your rights and build a strong case.
First and foremost, begin documenting everything related to your termination. This includes preserving all workplace communications, performance reviews, disciplinary records, and any evidence of discriminatory or retaliatory behavior.
Take detailed notes about relevant conversations and incidents while they're fresh in your memory, and gather contact information from supportive colleagues who may have witnessed important events.
The next step is consulting with an experienced Los Angeles employment attorney who has experience in wrongful termination cases. They can evaluate the strength of your claim, explain your legal options, and help determine the best course of action. Many attorneys offer free initial consultations and may take strong cases on a contingency fee basis, meaning they only get paid if you win your case.
How a California Wrongful Termination Lawyer Can Help You
Handling a wrongful termination claim can be challenging. That's why you should retain a skilled California wrongful termination lawyer who understands employment law. A lawyer from the Arshakyan Law Firm can help you in the following ways:
Evaluation of your case
A wrongful termination lawyer will carefully evaluate the details of your case to determine if you have a valid claim. They will consider the evidence, applicable laws, and precedents to provide you with an informed assessment.
Guidance through the legal process
From filing the initial complaint to negotiating a settlement or representing you in court, an experienced lawyer will guide you through each step of the legal process. They will ensure that your rights are protected and fight for the best possible outcome.
Skillful negotiation
Lawyers who focus on employment law have extensive experience in negotiating with employers and their legal representatives. They will work tirelessly to secure a fair settlement that reflects the damages you have suffered.
Court representation
If your case goes to court, a California wrongful termination lawyer will provide strong representation on your behalf. They will use their knowledge and expertise to present compelling arguments and advocate for your rights.
Call a Los Angeles Employment Attorney Today
If you have been wrongfully terminated in Los Angeles, it is crucial to seek the help of an experienced employment attorney. The Arshakyan Law Firm is a trusted name in employment law, with over two decades of experience representing clients in wrongful termination cases. Call our team of skilled lawyers at (888) 851-5005 or contact us online to discuss your case and fight for the justice you deserve. Don't let wrongful termination destroy your future. Call us today.