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Los Angeles Wrongful Termination Attorney

While it is true that California is an "at will" employment State, meaning an employer can let you go for any lawful reason, or no reason at all, there are many, many important exceptions to the so-called "at will" rule. Indeed, some might say that the exceptions swallow the rule. That is where the concept of "wrongful termination" enters the picture.

For example, an exception to the at will rule is that your employer can’t fire you for an illegal reason. There are both federal and state laws that prohibit discrimination against people because of their race, gender and other things they can’t change. Religious beliefs, nation of origin, race and in some places sexual orientation, as in California, are protected characteristics in this category.

CALL US TOLL-FREE FOR A CASE EVALUATION AND IMMEDIATE HELP: 866.936.3162

Contact a Los Angeles Wrongful Termination Attorney Today!

Contact an experienced Los Angeles wrongful termination attorney at The Rubin Law Corporation to discuss your situation. Losing one’s job is usually a very upsetting and emotional experience. But remember that just because you were terminated, it isn’t necessarily illegal. For example, it is probably legal to fire an employee just because you don’t like his or her personality.

Steven M. Rubin represents employees exclusively, not employers. He has been involved in bringing a leading workplace wage and hour case before the California Supreme Court. As a Los Angeles wrongful termination attorney, he has successfully handled hundreds of severance negotiations, and regularly litigates cases into substantial cash award settlements for his clients, often early enough in the process so that the benefits are enjoyed without the uncertainty and anxiety that accompany years of trial and appellate litigation. Above all, he has shown a special aptitude for creatively and effectively bringing employers to the table to engage in the early negotiation of disputes.

Wrongful and At-Will Termination in California

California recognizes that in general, all employment contracts are at-will terminable. However, there are exceptions to this by both state and federal statute as well as violations of public policy. In order to establish a wrongful termination claim in California, the plaintiff must prove:

  • The existence of an employer-employee relationship
  • Plaintiff employee was terminated by employer (or other adverse employment action)
  • The termination was a violation of public policy
  • The termination legally caused plaintiff's damages
  • Damages exist

Contact a Los Angeles wrongful termination lawyer at The Rubin Law Corporation at 310.598.2416/866.936.3162 to speak to a skilled wrongful termination attorney about your employment law and labor law concerns. At our Beverly Hills law office, we provide Spanish language services and use the latest technology to keep up-to-date on every case.

Wrongful Termination Claims

In California, a wrongful termination claim can be made if an employer, in firing an employee, violates public policy. Examples include:

  • Firing an employee for reasons of discrimination based on race, gender, disability, ethnicity and so forth;

  • Firing an employee in violation of family medical leave laws such as FMLA or CFRA;

  • Firing an employee for protesting unsafe working conditions;

  • Firing an employee for reporting that other employees are not being paid overtime or other wages due;

  • Firing an employee who discusses wages with coworkers;

  • Firing an employee for reporting misappropriation of public funds;

  • Firing an employee who reports improper practices affecting the public at large: “Public” policy may be violated by retaliating against an employee for internal disclosure of “illegal, unethical or unsafe practices” which affect the public at large, not merely the employer

  • Firing an employee who reports unlawful or unethical practices internally to management (See Labor Code 1102.5)

  • Refusing to sign covenant not to compete: Firing a worker for refusing to sign a noncompetition agreement has been held to violate the fundamental public policy expressed in Bus. & Prof.C. § 16600

  • Firing an employee for breaching a non-competition agreement with a former employer (violates public policy of favoring open competition and employee mobility)

  • Firing an employee for refusing to sign a release document, releasing the employer from liability for future fraud and intentional acts

  • Firing an employee for refusing to take a random drug test (this is split in case authority)

  • Jury duty: Lab.C. § 230(a) The Labor Code prohibits discrimination or discharge based on an employee's performing jury service (after reasonable notice to the employer).

  • Testimony: The Labor Code prohibits discrimination or discharge based on an employee's taking time off (after reasonable notice to the employer) to appear in court as a witness

  • Domestic violence complaint: The Labor Code prohibits discrimination against a domestic violence victim who takes time off to seek judicial relief. Unless reasonable notice is given in advance, the employee must, within a reasonable time after the court appearance, provide the employer with certification (in the form of a police report, court order, documentation from medical professional, etc.).

  • Moreover, the Labor Code prohibits employers of 25 or more persons from discriminating against domestic violence victims who take time off to seek medical attention, obtain services of a domestic violence program or psychological counseling, or participate in safety planning. The same notice or certification to the employer is required.

  • Workplace safety complaint: The Labor Code specifically prohibits discrimination or discharge for complaining about unsafe work conditions or practices.

  • Whistleblowing: The Labor Code prohibits retaliation against employees for disclosing an employer's violation of state or federal regulations to a governmental agency

  • Disclosing wages: The Labor Code prohibits disciplining or discharging an employee for disclosing the amount of his or her wages

  • Disclosing working conditions: The Labor Code prohibits disciplining or discharging an employee for disclosing information about the employer's working conditions. It has been conceded that this statute states a sufficient public policy on which to base a wrongful termination claim.

Whistleblower and Retaliation Claims

If you informed someone outside the company that illegal acts were being committed by the company, and were fired in retaliation, this may constitute wrongful termination. You had a right, and probably should “blow the whistle ” to stop harmful activities. If you were fired in retaliation for attempting to organize the workforce for collective bargaining, the firing is probably illegal.

Contact Us Today

Contact The Rubin Law Corporation by e-mailing us or calling 310.598.2416 to speak with a Los Angeles wrongful termination lawyer.

Hablamos español. Se puede visitar nuestro Centro Hispánico.


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Testimonial

What Our Clients Are Saying

"Steve Rubin is by far one of the most exceptional attorneys I have had the pleasure to work with. Steve has a passion and dedication to law, specifically in doing what is morally and ethically right. One of the main reasons I chose Steve to represent me was because he believes in the goodness of humanity, being good to one another, and standing up for what is right."

- M D

"I never worked with a lawyer before Mr. Rubin. He and his legal team made all the daunting legal stuff not so daunting. It's difficult to paint a complete picture of my state when I first met Steven. The company I had been employed by for over 20 years had just fired me and accomplished this through lies, humiliation and defamation of character. When I came to The Rubin Law Firm I was at a very low point in my life but after hearing my story Steven could see I had been wronged and started to work on making things right."

- Jack L.

"It is without hesitation that I would recommend Steve Rubin as an attorney. I interviewed many prospective lawyers for my employment law case, but none came close in regards to their knowledge of the law and ability to relate to my needs as a client. Since I had a Whistleblowing case, suing a large institution with their own team of lawyers, it was important for me to have an attorney that I had complete confidence in, and felt was always on my side and willing to do the extra work that was required for a successful outcome. We were able to settle our case during the deposition phase, and were thus able to avoid the drama and trauma that accompanies a court trial. The award has enabled me to walk away from the situation with dignity and pride, and a sense that justice had prevailed."

- Sasha, Nov. 17, 2011

"Kudos! to Mr. Steven Rubin. Mr. Rubin is highly professional, and possesses solid legal acumen. I highly recommend Mr. Steven Rubin."

- Hashim The Dream, Dec 9, 2010

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