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

Contact Us If You Believe You Were Wrongfully Fired

Job termination is a devastating experience that can cause depression, anxiety and overall loss of motivation. The good news is that you might be able to get your job back or receive compensation if your employer is guilty of wrongful determination. Our employment attorney Los Angeles can help you sort out the termination to see if your employer terminated you justly. You can look forward to having your situation remedied if they didn't. The following is some information about wrongful termination so that you can get an idea of whether you might qualify.

At-Will Employment


Some of the confusion around termination occurs because of the at-will employment disposition. Many current places of employment only offer their workers "at-will" employment. "At will" employment is a non-contractual employment situation that gives the employer and the worker the right to terminate their business relationship at any time. An employee is not bound by contract to continue to work for the employer for a set amount of time. The employer is also not obligated to continue the worker's employment for any set amount of time.

Employers may also have the right to change job descriptions under the "at-will" employment arrangements. Many terminated employees don't feel as though they have the right to contact Los Angeles termination lawyers about their terminations because they agreed to an "at-will" situation. However, the law does prohibit certain firing causes. For that reason, a terminated employee should at least schedule an appointment with an unjust termination at work lawyer Los Angeles. He or she might be covered under that sector of the law.

Federally Protected Subjects


Workers have some protection from unfair termination despite an at-will employment agreement. The laws state that employers cannot terminate employees if their reason for termination has anything to do with certain federally protected classes and characteristics. For example, an employer may not terminate a person who is over 40 based on that person's age. An employer also may not fire a person because of his or her disability. They may not terminate a person based on pregnancy or gender, either. Other federally protected classes and subjects are race, religious affiliation, and sexual preference. Any employer who terminates an employee because of the subjects or conditions mentioned above may be liable to provide the terminated employee with monetary relief or a return to his or her job.

Prohibited Termination Situations


The law can get involved if an employer terminates an employee for taking a federally protected medical leave, such as FMLA. Almost all workers who have completed one year of service and worked 1,250 hours qualify to take a wrongful termination suit to the employer through Los Angeles wrongful termination lawyers if they're fired because they took an FMLA leave. Additionally, such employees may have protection if they are terminated in retaliation to an open-door discussion or complaint.

How to Determine Your Cause of Termination


If you were recently terminated, you would need to find out what the employer used as the basis of their action. For example, they may say that the termination is because of a failure to perform if you called out sick more than the employer allowed in its handbook. You should request the documentation that the employer gave you regarding your termination. That will most likely state the reason that they dismissed you. Schedule an appointment with a legal professional as soon as you have such documentation in your hand.

What to Do if You're Wrongfully Terminated


There are certain steps you can take if you feel as though your employer has wrongfully terminated your employment. You can go to the Equal Opportunity Employment Commission and file a complaint with them about your termination. The EEOC https://www.eeoc.gov/can investigate the case and contact the employer about the termination. They will get statements from you and the employer about the incident and reasoning behind your dismissal. They may try to get you and the employer to meditate on the matter and come to an amicable resolution. The EEOC will provide you with a notice of a right to sue if it cannot resolve your matter effectively. At that point, you can contact an employment lawyer and explain the situation to that attorney.

How an Attorney Can Help


An attorney can take your case much further than the EEOC takes it. The attorney may wish to contact the employer and negotiate before taking it through a full-fledged court hearing. If the employer refuses to negotiate, then there will be no choice but to battle in court. Your attorney will seek to have the employer found guilty of wrongful termination and then compensate you accordingly. Sometimes, employers are willing to reinstate terminated employees to their job positions. Other times, a judge rules for that relief. Alternatively, the employer might have to pay you monetary compensation. You might receive financial compensation as a way of restoring your lost wages and taking care of yourself while you are unemployed. Additionally, you could receive additional monetary compensation if the court finds that the employer blatantly and willingly violated federal laws regarding unfair termination. You can get what you rightfully deserve by contacting an employment law specialist. You'll never know what you deserve until you take that step.

Contact Our Employment Unfair Firing Lawyers Los Angeles Office


Now you have more knowledge of the subject of wrongful termination. Contact us and schedule an appointment with one of our unfair firing lawyers Los Angeles specialists. The unjust termination at work lawyer Los Angeles attorney will sit down and talk to you about what happened and why you believe your termination was unfair. The Los Angeles workplace lawyer will offer to represent you if your case looks promising. You can choose to accept or decline the attorney's offer. The choice is yours to make on how you proceed. However, we can tell you that it's always wiser to hire Los Angeles wrongful termination lawyers than it is to go it alone. We're here to help you fight the battle against unfair terminations. All you have to do is reach out and ask for our help.

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