We don’t put up with wrongful termination, and neither should you. Even if your employment is “at-will”, you still have the right to be free from wrongful termination that violates public policy. This includes termination based on race, gender, disability, sexual orientation, pregnancy, age and other protected categories. If you have reason to suspect your employer dismissed you illegally, let the Los Angeles wrongful termination attorneys at The Law Office of Omid Nosrati help. Our firm works closely with our clients to help hold employers accountable for the damages they have caused. These damages can include loss of income and emotional distress that was caused by the wrongful termination.
Our attorneys have a reputation for excellence in our field and will walk you through every step of the legal process for getting your wages that were owed to you and/or recover other forms of compensation. It’s our job to help you so you can secure a better future for you and your family, and to go up against discriminatory employers in Los Angeles and throughout California.
Before we get into the intricacies of California’s wrongful termination laws, let us say how important it is to retain an attorney who gives you confidence and peace of mind. Your employment is a major part of your life, and vital to the health and happiness of your entire family. Losing your job because of illegal, fraudulent, or discriminatory conduct by an employer should never be how the story ends. In addition, employees who have been wrongfully terminated will often be dealing with a large, corporate defendant with the resources to fight against these claims, even if your claims have merit. It is vitally important to have experienced legal counsel on your side so you won’t have to fight alone. We are here to to fight for your rights as an American worker with help from our team of skilled attorneys.
If you suspect that you were a victim of wrongful termination in Los Angeles, you can contact our attorneys for a free, no-obligation case evaluation. During your consult, we’ll leverage our extensive legal expertise to objectively assess the merit of your case. From there, we’ll help you understand what type of legal representation best suits your situation, and how to proceed. If we decide to offer our services, you will gain access to our variety of legal resources, tools, and advocates.
In basic terms, “wrongful termination” is the illegal firing of an employee. While it’s mostly up to the employer when to hire and fire workers, there are certain circumstances when the termination will be “wrongful” in the eyes of the law. Examples include if the employer violates the terms of an employment agreement or breaks the law. Federal and state workplace discrimination laws often come into play when dealing with wrongful termination cases. You need an attorney with experience handling federal and state civil rights laws.
To have a valid wrongful termination claim, employers must violate state or federal law when they fire employees. Since California is a state where employees work at will, it’s possible for employers to terminate workers at any time. However, the law has many restrictions on when employees can lose their jobs.
Depending on the type of wrongful termination claim you have, your case may also involve other claims. In California, public policy claims also count as a type of personal injury claim, making it possible to cover other damages in your compensation. You may be able to recover emotional distress and punitive damages, if your case is severe enough.
Personal injury claims can also play a role in discrimination and retaliation claims. You may have grounds to recover compensation for personal injury if your termination involved damages. For example, if you complained about sexual harassment at the workplace, leading to your termination, you may have grounds for retaliation, harassment, and assault or battery.
If your employer falsely accuses you of theft and maliciously spreads the information to sabotage your chances of getting a new job, you may have a claim of defamation. You may also have a claim of fraud if your employer promised you certain benefits upon hiring you or completing work that the employer had no intention of fulfilling.
Most jobs follow the rules of “at-will” employment. Broadly, this means that employees are free to quit their jobs at any time, and that employers have broad power to end a worker’s employment.
But, this power is not unlimited. It is illegal to fire an at-will employee for one of the following reasons:
The Law Office of Omid Nosrati has practiced employment law for years. Our attorneys understand what laws protect Los Angeles workers, and know how to handle these cases with care. Our main goal is to help wronged employees understand their rights, stand up against discrimination or illegal business practices, and get the reimbursement they deserve for their troubles. We do this with exceptional client communication, personalized legal services, and effective advocating.
You might suspect wrongful termination if you did nothing wrong, if your employer has broken a contract with you, if the termination came after you reported your employer for workplace safety violations, or if you have reason to believe your employer let you go because of your race, gender, sexual orientation, religion, age, disability, or other protected class. As soon as you think you have suffered a wrongful termination, consulting with an experienced employment attorney in Los Angeles can help you protect your legal rights. You can confide in our firm during a confidential and complimentary consultation. There are zero up-front costs, and no fees at all unless we get you compensation.
Every state maintains its own employment and wrongful termination laws. In California, an overarching “at-will” law exists within all workplaces. This means employers have the right to dismiss employees at will, anytime, for any reason. In other words, the employee does not have a contract with the company and can face dismissal at any time. The state’s at-will laws have several important exceptions, however, and never apply in cases where the employer terminates someone for unlawful reasons.
In California, wrongful termination can exist even if there was a reason for your employer to fire you. If the employer mixed a permissible reason for your termination with an impermissible one, you could still have grounds to file a wrongful termination claim. The illegal reason must have been a “substantial motivating factor” in your termination for you to have the right to fight your employer on the decision – not something trivial. To have a wrongful termination claim, your employer must have either formally fired you or made working conditions so hostile or intolerable as to force you to quit, better known as constructive termination.
A successful wrongful termination claim can result in money damages for your lost wages and benefits, lost employment opportunities, emotional distress, and even punitive damages for your employer’s wrongful action. Keep in mind that several other laws could play a part in a wrongful termination claim, including laws under California’s Fair Employment and Housing Act and the Labor Code. Consulting with an experienced employment lawyer is a good first step to help you sort through the specific California wrongful termination laws that apply to your case.
California labor laws enforce at-will employment in most situations. This does not, however, give employers the right to terminate workers illegally. There are exceptions to California’s at-will laws that give employees the right to take their employers to court in the event of wrongful termination. Otherwise, the law would permit employers to terminate employees for illegal reasons. Exceptions to the at-will law include:
There are almost endless examples of wrongful termination. However, some case scenarios happen more often than others in California. There are common reasons for wrongful termination that can help you understand whether or not you have a claim. Remember that each claim is unique and that the best way to find out if you have a lawsuit is during a discussion with an employment lawyer. In the meantime, here are the common types circumstances that can lead to wrongful termination:
Wrongful termination is a very serious offense that can completely dismantle an employee’s life. In the majority of cases, employers know what they are doing. They know they’re breaking the law or firing someone illegally and are hoping the employee simply won’t do anything about it – or even realize that the termination is against the law. When you speak with one of our Los Angeles attorneys, you can get to the bottom of your recent termination and take action right away.
A “whistleblower” is an employee who reports an employer for wrongdoing such as discrimination, safety code violations, illegal activities, and fraud. It is within every worker’s rights to report suspicious activity to the authorities. Retaliation for using these rights, such as terminating the employee who filed the report, is against the law. In California, Labor Code 1102.5 discusses employees’ protection against retaliation and wrongful termination of whistleblowers.
California’s False Claims Act is also important, as it discusses “qui tam” laws that enable employees to sue employers on behalf of the government. Qui tam actions may be necessary if your employer has committed fraud against the government, or embezzlement of government funds. Do not try to tackle these types of employment claims on your own.
With so many potential grounds for a claim, it can be difficult to determine which ones apply to your case and if you qualify for any additional forms of compensation. Your best move is to consult an attorney to evaluate your case and help you protect your rights. As some types of wrongful termination claims have strict statutes of limitations, it’s important to act quickly so that you can still recover compensation.
Hire an experienced Los Angeles employment attorney to optimize your chances of success. Start with a free consultation with The Law Office of Omid Nosrati. Contact us online or call (310) 553-5630 today.