Los Angeles Wrongful Termination Attorney

When Should Employees Sue for Wrongful Termination?

For an unlawful termination claim to be successful, the business has to violate federal or state law in its firing of the employee. California allows employees to work, at-and employers can fire employees anytime.

There are many legal restrictions regarding when and how employers can terminate workers. However, experienced wrongful termination attorneys are aware of the following types of claims, and employers should also be.

Claims Regarding Contracts: Contracts of employment are permitted to guarantee jobs for a specific time. Contracts may also contain a statement noting that the company can terminate an individual only based on a specific cause. Therefore, if an employer breaches this contract by firing the worker, the worker will have a solid claim of wrongful termination. Contracts often include both written and oral agreements.

• Wrongful Termination Based on Retaliation

California workers have employment rights. These include:

1. Taking time to be a jury member
2. Complaining about harassment or discrimination
3. Taking or requesting leave for medical reasons or based on family concerns
4. Filing workers’ comp.
5. Complaining about an illegal hour or wage problems

Employers cannot legally fire workers for taking these actions. However, suppose an employee, for example, files a complaint about discrimination at the workplace, and the employer’s response is to reduce their hours, dock their pay, or fire them. In that case, the employer is acting in a retaliatory manner. This type of employer retaliation is illegal.

• Wrongful Termination Based on Public Policy Violation

Similar to retaliation claims, public policy claims are predicated on a specific stipulation of the law. For example, according to public policy, employers cannot fire workers for:

1. Exercising an illegal right
2. Refusal to take illegal action
3. Complaining about illegality in the workplace.

For example, workers who refused to participate in stealing money and were fired may still sue for illegal discharge. However, there is no statute or specific law forbidding the business from firing workers for this reason.

• Wrongful Termination Based on Discrimination
  

In California, wrongful termination occurs when an employee is fired for belonging to a particular class of persons. These include:

1. color
2. race
3. religion
4. national origin
5. pregnancy
6. sex
7. disability
8. genetics
9. gender identity
10. sexual orientation
11. citizenship
12. AIDS
13. Domestic violence
14. Assault
15. Stalking
16. Veteran status
17. Political affiliation, beliefs, or activities
18. Medical condition
19. Marital status
20. Age

If discrimination is proven to have occurred at the workplace based on one or more of these categories, the employee can claim damages from lost pay and benefits.

Can Wrongful Termination Claims Involve Additional Claims?

An employee’s case may involve alternate claims. For example, public policy claims may be treated as personal injury claims. This overlap means that it may be possible for individuals to collect additional damages. These damages could rely on emotional duress or be punitive in nature, depending on the nature of the termination case.

Claims of personal injury also feature in retaliation and discrimination claims. Workers might be able to legally recover damages of personal injury when the firing involved these damages.

What Does At-Will Employment Mean in California? Why Is It Important in Cases of Illegal Termination?

Some people believe that “At-will” implies a lack of rules. However, this is not the case. Generally, this phrase implies that workers are allowed to leave their jobs at any moment. It also means employers enjoy broad power over ending workers’ employment.

However, employer’s rights are not unlimited, and it is unlawful for a business to terminate at-will workers for these reasons:

• Retaliation: Every Los Angeles worker is entitled to a fair, safe working environment. It is illegal for employers to retaliate against workers who report:

1. 1. Safety issues
   2. Harassment at the workplace
   3. Violations of overtime pay and normal pay
   4. Similar problems
   5. Health risks

Therefore, businesses cannot fire workers for reporting improper workplace conduct or conditions in good faith.

• Discrimination: In California, the law prohibits ending a worker’s employment based on:

1. 1. Disability
   2. Pregnancy
   3. Religion
   4. Race
   5. Sexual orientation
   6. Other protected characteristics

Employers cannot legally fire an employee who asks for suitable accommodations for disabilities or religious customs.

How Can Workers Discern if Termination is Illegal?

An activity considered “protected” is something that the law allows the employer to do. For example, workers might tell the authorities about:

• Wage violations
• Safety violations
• Various unlawful activities
• Fraud
• Embezzlement

Workers can refuse to participate in illegal work activities. If employers fire workers because of this, their employer has wrongfully terminated them.

If an employer fires a worker because of any of the categories below, this is also evidence of unlawful termination:

• Sex
• Disability
• Religion
• Race
• Veteran status
• Age
• Color
• Nationality
• Disability
• Pregnancy
• Veteran status

What Are Unlawful Termination and Whistleblower Protections?

Whistleblowers report their companies for wrongdoing, such as:

• Safety code violations
• Illegal activities
• Fraud

Workers have the right to report illegal activity at their companies to authorities. Sometimes, companies retaliate against whistleblowers. The California Labor Code includes a section on the protection of whistleblowers.

California’s False Claims Act discusses “qui tam” laws. These laws allow employees to sue companies on the government’s behalf. These “qui tam” employment claims are complex and can be enacted on many grounds, so contacting an attorney is helpful when dealing with these actions. Employees may use qui tam actions when companies:

• Commit fraud against the U.S. government
• Embezzle government funds

Can Unlawfully Terminated Employees Collect Unemployment Benefits?

When workers lose their employment without fault, they may be able to collect 26 weeks of unemployment compensation. Despite California’s at-will stipulations, employees can still be eligible for benefits.

If an employer makes work conditions so terrible that the worker must quit, it may be difficult to qualify for unemployment benefits. Being terminated like Ophelia, however, makes employees eligible for unemployment benefits. Workers should also remember to document their workplace conditions because evidence regarding “constructive termination” can prove valuable in the future.

What Are California’s Illegal Dismissal Laws?

California is defined by its workplace “at-will” law. The law allows employers to terminate employees anytime and for all reasons. Therefore, the business has not contracted the employee and can dismiss them at any time.

However, these at-will laws contain many exceptions and do not apply when the company terminates the employee for illegal reasons.

An illegal discharge claim in California hinges on the employer formally firing the employee or the employer making working conditions intolerable enough to force the worker to quit. Constructive termination is when the employer makes working conditions too difficult for workers.

When a wrongful dismissal claim is successful, employees can collect damages based on:

• Sacrificed employment opportunities
• Punitive damages
• Emotional duress
• Sacrificed wages and benefits

What Are The Different Types of Wrongful Termination Lawsuits?

Employers terminate employees for many reasons, some of which are indeed wrongful. Common causes of wrongful dismissal include, but are not limited to:

• Breaches of contract
• Violating protected leave
• Ignoring public policy
• Harassment or discrimination of employees
• Requiring a worker to leave the position
• Unsuitable accommodations for disabilities
• Retaliation and whistleblowing

Often, employers are aware that they have terminated employees wrongfully. It is up to the worker to stand up against these actions. The best bet is to contact a skilled employment attorney.

When a Younger Person replaces a Worker, Is That Wrongful Discharge?

If a younger individual replaces an employee, their company may have illegally fired them. Individuals over the age of 40 may be protected under California’s age discrimination laws, but individual and their lawyers should investigate the employer’s actions.

If it can be determined that age was the reason behind the replacement, the worker could have a case of wrongful discharge.