Wrongful Termination: Was Your Firing Illegal? | Mann & Elias
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Wrongful Termination: Retaliation & Whistleblowing

Were You Wrongfully Fired Due to Whistleblowing?

People deserve to get treated with dignity and respect in the workplace. And all organizations must act within the bounds of law in their operations, accounting practices, and other activities. If you have been the victim of mistreatment or you have knowledge of wrongdoing in your company, then you should report it. People who are in positions of authority and power must be held accountable for misdeeds. The law protects whistleblowing, and if you have gotten terminated from your job for reporting the fraud or abuse of a superior, you should hire an employment attorney in Los Angeles and sue your employer.

Why You Should Report Wrongdoing

Power can twist and pervert people; it can make otherwise decent and civil persons do terrible things. You should never be afraid of powerful people who have done illegal or immoral things. Of course, this is easier said than lived. However, if you don’t say anything, chances are your employer will carry on as before. Indeed, they may bring more and more people into their scheme, which will make it harder to unravel if there is an investigation. Government agencies are responsible for enforcing laws regarding workplace discrimination, harassment, safety, overtime pay, and financial accounting depend on employee complaints. These agencies do not have the personnel, legal authority, or resources to spot-check companies themselves. If you do not report wrongdoing, then they will not find out about it. Even when an agency receives a complaint, investigates it, and establishes its validity, the most they can do is impose a fine. To get proper justice, you will need to sue your employer. Your lawyer will use the findings of the enforcement agency to strengthen your case.

The Law Protects You

If you are reticent to come forward, it no doubt owes to a fear of retaliation. Being fired is the ultimate form of retaliation. And if you are let go soon after you report wrongdoing at work, make a connection between your complaint and your termination. You cannot get fired for making a complaint about discrimination or participating in an investigation of such a complaint. You cannot get fired for blowing the whistle on violations involving wage and hour laws or health and safety laws. Nor can you be fired for filing a workers’ compensation claim for an on-the-job injury.

First Steps

If you were fired for whistleblowing, then you must act quickly. You should exert your rights and sue for wrongful termination. Los Angeles whistleblowing termination lawyers specialize in helping ordinary people build cases against employers that have acted in this manner. You should retain the services of such a lawyer. Your first step is to meet with your lawyer. They will ask you to recall the facts and circumstances that led up to your termination. To prepare for your first meeting, you should create a timeline of events. You should write down every exchange between you and the others involved in the incident. You should save every email and text message sent to you. You should forward all emails relevant to the case to your personal email account before you are let go. Your lawyer must have the basic facts of your situation before deciding whether you have a case. The rules for bringing wrongful termination cases are not the same in every state. Although the rules in California are favorable to workers, you must still prove that your termination was a result of your complaint. Time is of the essence—the less time between your complaint and the employer’s retaliation against you, the better.

Legal Fees

Experienced lawyers know when they have a winning case. They will not take a case unless they are confident that they can get a sizable settlement. For this reason, they will take your case on a contingency fee basis. Their payment will come out of the money you receive through a negotiated settlement or the money awarded after a jury trial. Indeed, in the event of a jury trial, the court may order the losing party to pay the winning party’s attorney fees. In any case, your lawyer should explain how fees will work before they accept the case.

Damages You Are Entitled To

Lawyers have one goal in mind: to get you the maximum compensation allowable under the circumstances and the law. To this end, they will help their clients get the following:
  • Lost wages
  • Reinstatement with lost wages
  • Out-of-pocket expenses, which may include the search for a new job
  • Attorney fees and court costs
You may also be entitled to damages for the mental and emotional strain of losing your job. You may also be eligible for punitive damages. Suppose you got treated in an especially egregious manner after your complaint. The stress and humiliation of the situation may have caused you serious psychological problems. The court may levy punitive fines to punish your employer for their conduct. You should not allow yourself to be mistreated and bullied for reporting waste, fraud, or abuse. Unfortunately, not all retaliation cases are easy to prove. However, it is hard for most employers to do this sort of thing without leaving evidence. Your lawyer will know how to gather the evidence that proves that you were fired, demoted, or otherwise mistreated for whistleblowing. They will also help reinforce your courage by thoroughly investigating your employer and bringing all their knowledge and expertise to your case.

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