Los Angeles Wrongful Termination Attorneys

Name: Wrongful Termination Overview
Brand: Kesluk, Silverstein, Jacob & Morrison
Rating: 4 (51 reviews)

Wrongful termination can have a lasting impact on the lives of a working individual and their family members in equal measure. If you feel that you’ve been wrongfully terminated, reach out to the Los Angeles wrongful termination lawyers at Kesluk, Silverstein, Jacob, & Morrison.

Wrongful Termination Our Employment Law Firm Explains Wrongful Termination

California is home to an enormous working population, with many of its workers protected by both state and federal employment laws. These laws work to protect employees from wrongful termination by preventing their firing or forced resignation under certain conditions. California is an at-will state, which means that your employer can potentially terminate your position without giving you notice or a reason under most circumstances. There are certain situations, however, where it would be against the law to terminate an employee.

State and federal employment laws protect employees from harassment, discrimination, and retaliation. Wrongful termination can have a devastating impact on your life and the financial security of your immediate family. KSJM has been working to level the playing field on behalf of hardworking individuals in Los Angeles for more than 30 years and will be excited to help you with the resources and guidance you need to ensure that justice is done. Reach out to us and schedule your initial no-risk consultation with a member of our team today.

What Do I Do If I Was Wrongfully Terminated?

Understanding Wrongful Termination

Some employees have signed employment contracts that stipulate how long a certain job is supposed to last. Terminating a job in violation of a contract like this can also be against the law. When an employer terminates an employee in violation of the law, it is called wrongful termination. The Los Angeles wrongful termination lawyers at Kesluk, Silverstein, Jacob & Morrison have an extensive level of experience handling cases involving discrimination, harassment, whistleblowing, and retaliation. We also offer free consultations so you can enjoy a no-risk conversation with an experienced attorney who can help you understand the viability of your case and the first steps you might consider taking. Contact us at no cost if you have questions about state or federal employment laws.

What Is Wrongful Termination?

Employment Law

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 and would constitute wrongful termination.

Retaliation

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

Seeking Legal Action

California is an at-will state, but your employer cannot decide to terminate your employment for reasons that are in violation of the law. If they have, 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

Other Types of Wrongful Termination

Retaliation: If an employee is terminated as a result of reporting the illegal act of their employer to the appropriate authority, it can be called termination in retaliation.
Discrimination: If an employee is terminated based on their caste, creed, sex, color, race, religion, or any of these discriminatory reasons, it is called termination based on discrimination in the workplace.
Breach of expressed or implied contract: When employment is based on a contract for a stipulated period and 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.

Foley vs. Interactive Data Corp

A landmark decision in California—Foley vs. Interactive Data Corp—laid down certain criteria to be considered for implied contracts, such as an 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 an employer will treat their employees fairly. If an employee is terminated based on false reasons articulated by the employer, it amounts to a breach of good faith and fair dealing.
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.

What Can I Recover?

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.

Schedule a Free Consultation

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 “At-Will” Employment 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 your free initial 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 illegal 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.

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

Contact Our Los Angeles Wrongful Termination Lawyers for a Free Consultation

If you think you’ve been wrongfully terminated by a former employee, we recommend reaching out to KSJM and speaking with one of our Los Angeles wrongful termination attorneys to learn more about whether the laws above apply to your situation. We offer free initial consultations so you can learn about the viability of your case in a completely risk-free setting.

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!