Los Angeles Wrongful Termination Attorneys

Our Employment Law Firm Explains Wrongful Termination

California is home to an enormous working population. Many of these workers are protected by state and federal employment laws, which may prevent their firing or forced resignation under certain conditions. California is an at-will state which means an employer can terminate your position without giving you notice or a reason under most circumstances. However, there are situations where it would be against the law to terminate an employee. State and federal employment laws protect employees from harassment, discrimination and retaliation.

In addition, some employees may have signed employment contracts that stipulate how long a certain job is supposed to last. Terminating a job in violation of a contract could also be against the law. When an employer terminates an employee in violation of the law, it is called wrongful termination.

Our Los Angeles wrongful termination lawyers at Kesluk, Silverstein, Jacob & Morrison, P.C. have experience handling cases involving discrimination, harassment, whistleblowing and retaliation. We also offer free consultations. You can contact us at no cost if you have questions about state or federal employment laws.

Learn more about how Kesluk, Silverstein, Jacob & Morrison, P.C. can help with your wrongful termination by contacting us online or calling (310) 997-4431!

What Do I Do If I Was Wrongfully Terminated?

What Is Wrongful Termination?

Wrongful termination occurs when an employer terminates an employee in violation of state or federal employment laws. For example, if your former employer fired you for being a pregnant woman, then it would be in violation of the law. It would be wrongful termination.

If you were to report your employer for engaging in illegal activities, and that employer fired you as a result, it would be in violation of whistleblower laws. Whistleblower retaliation is another common cause of wrongful termination.

California is an at-will state. However, your employer cannot terminate your employment for reasons that are in violation of the law. You may be able to seek legal action against your former employer for wrongful termination.

What Are Examples of Wrongful Termination?

There are many different scenarios that may qualify as wrongful termination. Common examples of wrongful termination include firing an employee for:

• Race or national origin
• Disability
• Pregnancy status
• Religious beliefs
• Reporting an employer’s illegal activities (whistleblowing)
• Gender or gender identity
• Sexual orientation
• Veteran status
• Age
• Marital status
• Taking eligible family leave
• Retaliation: If the termination is as a result of the employee reporting the illegal act of the employer to the appropriate authority, it can be called termination in retaliation.
• Discrimination: If the termination is based on one’s caste, creed, sex, color, race, religion or any of the discriminatory reasons, it is called termination based on discrimination in the workplace.
• Breach of expressed or implied contract: When an employment is based on a contract for a stipulated period, and if the employer terminates the employee without good cause before the period expires, this termination is a breach of express contract. Sometimes, employment may not be based on a contract. In these situations, an implied contract will be presumed based on employers’ policy manuals, employee handbooks, employee agreements and like documents, as binding, implied contracts of continued employment.

A landmark decision in California, Foley vs. Interactive Data Corp., laid down certain criteria to be considered for implied contracts, such as employee’s chain of promotions, raises, great merit reviews and verbal assurances of job security.

• Character assassination: If the employer makes false allegation against the employee in order to terminate the employee, it is an unlawful termination in violation of public policy.
• Breach of good faith and fair dealing: There is an implied promise that the employer will treat the employees fairly. If the employee is terminated based on false reasons articulated by the employer, it amounts to breach of good faith and fair deal.
• Constructive discharge: When an employee is forced to quit due to certain changes made by the employer in the workplace, it amounts to constructive discharge.

Can I Sue for Wrongful Termination?

Whether you can file a claim or lawsuit for wrongful termination depends on the circumstances. You should speak with an attorney before starting the claims process. Many cases of wrongful termination involve retaliation or discrimination. There are certain procedural steps you would need to take to file a claim against a private, state or federal employer.

In California, the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission (EEOC) handle discrimination claims.

Filing a wrongful termination lawsuit, if it is an option in your situation, could help you recover compensation for your damages. 

Compensation may cover:

• Lost wages and benefits
• Damages for emotional distress caused by job termination or loss of reputation

An employment law attorney can help you determine whether it is advisable to file a lawsuit against your former employer.

How To File For Wrongful Termination in California

To file a wrongful termination claim in California, you can follow these general steps:

• Determine if you have a case: To have a valid wrongful termination claim, you will need to show that your employer terminated you under circumstances that violate California employment laws.
• Consult an attorney: It is advisable to consult with an experienced employment attorney who specializes in wrongful termination cases. They can assess the details of your situation and provide guidance on the best course of action.
• Gather evidence: Collect any relevant documentation, such as employment contracts, performance evaluations, emails, or other evidence that supports your claim of wrongful termination.
• File a complaint with the appropriate agency: Before filing a lawsuit, you may need to file a complaint with a government agency, such as the California Labor Commissioner's Office or the Equal Employment Opportunity Commission (EEOC), depending on the nature of your case.
• Cooperate with the investigation: If your complaint triggers an investigation, cooperate fully with the agency handling your case. Provide them with all necessary information and documentation to support your claim.
• Consider mediation or settlement: In some cases, parties may attempt mediation or negotiate a settlement to resolve the dispute outside of court. Your attorney can guide you through this process and help you determine the best approach for your situation.
• File a lawsuit if necessary: If your case cannot be resolved through mediation or settlement, your attorney may advise you to file a lawsuit in civil court. They will guide you through the legal process and advocate for your rights.

Why is Employment At Will Important in Wrongful Termination Cases?

Workers who contact a wrongful termination lawyer in California for advice and legal help will soon discover, if they have not already, that this is an “at will” employment state. As our Los Angeles wrongful termination lawyers can explain to you further during a free attorney consultation, this essentially means that workers can leave their jobs when they want without employer retaliation for quitting. Likewise, employers can cut ties with their employees with no notice or reason, even if they are performing their job functions well and otherwise have no grievances with their workers.

Despite this rule, our wrongful termination lawyers may still provide valuable services to workers who have lost their jobs for unusual or unknown reasons. We can help you determine if what may seem to be a decision under at will employment may have actually been based on discrimination or other unlawful causes of wrongful termination. Our employment lawyers can investigate on your behalf at no cost before deciding to take your wrongful termination case.

Is My Employer Guilty of Wrongful Termination?

Whether an employer is guilty of wrongful termination depends on the circumstances. There are multiple state and federal laws that may come into play in a wrongful termination case. Workplace protection laws include:

• The Civil Rights Act of 1964
• The California Fair Employment and Housing Act
• The federal Age Discrimination Act
• Family and Medical Leave Act
• California Family Rights Act

You can speak with one of our Los Angeles employment lawyers to learn more about whether the laws above apply to your situation. We offer free initial consultations.

In addition to violating the laws above, an employer may also be guilty of wrongful termination for violating an employment contract. Our attorneys can also discuss potential contract violations during a consultation.

Need help with your wrongful termination? Contact us by calling (310) 997-4431 to learn more about how we can help!