OUR UNFAIR FIRING LAWYERS LOS ANGELES WILL FIGHT FOR YOU
If you recently got fired from your job, how do you know whether the termination was legal or illegal?
While most employment contracts allow a company to fire an employee ‘at will,’ there are numerous situations where you could be the victim of wrongful termination. You must educate yourself on local, state, and federal laws regarding employment and termination to understand the legality of your situation.
WRONGFUL TERMINATION IN CALIFORNIA
When you are on the job, the last thing you expect to happen is your employer terminating you due to your refusal to participate in illegal activities or being discriminated against due to your race, religion, or other related areas.
Unfortunately, this happens every day in California and elsewhere across the United States. Many employees give up and walk away from their jobs when it does, often with their reputation and finances in shambles.
Rather than let this happen to you, take a stand against your wrongful termination by consulting with Los Angeles wrongful termination lawyers at the Law Offices of Mann & Elias. State and federal laws offer you protection from unlawful firing. However, your employer may not inform you of these and attempt to intimidate you into not pursuing legal action.
We can help you begin filing a formal complaint process with the U.S. Equal Employment Opportunity Commission (EEOC), prepare a potential lawsuit, and discuss what types of compensation you may gain.
WHAT IS WRONGFUL TERMINATION?
Since people are fired from jobs daily, you may be confused about whether your firing meets the standards to be considered wrongful termination.
Wrongful termination is when an employer unjustifiably fires for an illegal reason. It might involve violating a federal anti-discrimination law or an employer breaching a contractual agreement.
The most common form of wrongful termination is discrimination; other forms include:
- Getting fired for filing a whistleblower complaint
- Filing a workers’ compensation claim
- Violating an implied contract
- Getting terminated for refusing to commit an illegal act
- Getting fired for reporting any criminal activity within the company
The final form is getting fired due to absences protected by state and federal law, such as serving on a jury, being involved in military duty, or caring for a sick family member under the Family and Medical Leave Act (FMLA). Here are more wrongful termination examples. If your termination meets these various criteria, make sure you immediately pursue legal representation.
LEGAL PROTECTIONS AGAINST RETALIATORY FIRINGS
If you get wrongfully terminated due to discrimination or harassment, there is little doubt that your civil rights have got violated from a legal standpoint.
Along with having protection from Title VII of the Civil Rights Act of 1964, you may also garner protection from laws like the California Fair Housing and Employment Act (FHEA), Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA).
Additionally, should your employer fire you because you are pregnant, this also qualifies as illegal. It is vital to make sure your rights are protected each step of the way. We defend clients who have experienced wrongful termination in violation of public policy.
THE CLAIMS PROCESS: WHAT CAN WE DO FOR YOU?
While it may sound like it is an easy process to determine if wrongful termination occurred, it is usually anything but that.
- Since employers will do everything possible to not cooperate with these situations, it will be imperative you hire the services of a legal professional with a track record of success.
- We will examine the circumstances surrounding your termination.
- Investigations will ensue regarding your performance evaluations, supervisor and co-worker interactions, company policies, and much more.
It can be a long and complex process, and patience will be a virtue for you while you await the outcome.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
Whether you were discriminated against or refused to participate in illegal activities, always be willing to hold your employer accountable for their actions if you experience wrongful termination.
Since 1998, The Law Offices of Mann & Elias have helped individuals just like you receive the benefits they deserve. We represent clients at every state and federal court system level.
We represent Los Angeles, Riverside, San Bernardino, Orange, San Diego, and Ventura counties. If you have been a victim of wrongful termination, call 323-866-9564 or email email@example.com to schedule your first consultation.
WHY CHOOSE MANN & ELIAS?
Since Scott Mann and Imad Elias have founded the employment law firm, they have successfully recovered hundreds of claims resulting in over $18 million in settlements and verdicts. While there are thousands of lawyers to choose from, our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
If you believe an employer discriminated against you, contact us today to learn about your legal rights. We charge no fee for the initial consultation, and all cases get handled on a contingency basis.
RELATED ARTICLES ABOUT WORKPLACE DISCRIMINATION
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
Wrongful Termination: You Need to Know Why You Are Being Fired
Do you know why you were recently let go? There are many reasons behind an employer’s decision to terminate, but it is not always justified. Federal laws in place protect you from being fired due to your race, religion, skin tone, disability, or citizenship status. If you find that your boss is vague or not providing valid reasons that align with your work ethic, you may be able to file a claim for wrongful termination.
Can I Sue for Wrongful Termination If I Signed a Severance Package?
Severance packages, or payouts, are large sums of money or benefits an employee may receive after getting fired. It allows them to continue providing for themselves or their family as they search for another job. However, it is not always a company requirement. Suppose upper management unjustifiably removed from your position. You may still be able to take the severance package and file a lawsuit if it didn’t include a release form – but it could relinquish your rights to sue!
Wrongfully Terminated for Having a Disability
You should not get fired for having a disability. The Americans with Disabilities Act (ADA) legally states employers may not discriminate against persons with disabilities, and the employer must make reasonable accommodations to allow employees to do their job. Accommodations vary from providing or modifying equipment and devices, changing work schedules to adjusting the position itself.
Coronavirus: Can You Be Fired for Complaining About Lack of PPE?
As an employee, you are entitled to safe working conditions – especially as we all navigate the pandemic. CDC guidelines have required that all businesses and organizations adhere to recommended rules and regulations. If you were fired for addressing risks associated with not having the appropriate PPE, it is considered wrongful termination.
FAQs ABOUT WRONGFUL TERMINATION
How can you determine if the firing was illegal?
Typically, employees sense something is wrong before getting let go.
For example, companies that acquire another business might seek younger, newer talent. If you are over the age of 50 and usually receive glowing performance reviews that suddenly decline – or find that your new manager makes ageist comments, keep track of everything.
To prove an illegal firing, you may be able to ask your employer for a written explanation or service letter to help your case.
How might an employer be exempt from these laws?
In most cases, your employer will not be exempt from following state and federal laws regarding wrongful termination.
Though the law may grant some exemptions for employers, they must strictly adhere to these policies. Thus, if you have any questions about whether your wrongful termination case is valid, speak to a dedicated attorney.
What is the EEOC, and why should I file a complaint?
The EEOC stands for the Equal Employment Opportunity Commission.
Filing a complaint through this federal agency is necessary if you intend to hold your employer accountable or pursue compensation in the future.
After an investigation, the EEOC will issue a decision, which may or may not be in your favor. Regardless of the ruling, you will still have to bring a lawsuit against the company.
What is “at-will” employment?
California is one of many states that practice “at-will employment.” That means an employer can fire you for any reason without notice. It would be justified if the firing was legal unless it violated your protected status.
What damages can I recover in a wrongful termination case?
The compensation you may be entitled to vary depending on specific circumstances. That’s why it’s best to hire an experienced employment lawyer to recover damages, including:
- Punitive damages
- Past and future lost wages
- Lost benefits (ex. healthcare, vacation days)
- Pain, suffering, overall emotional damages