Generally, a contract of employment exists between an employer and an employee who has been hired to perform certain duties for a fixed period or an undetermined duration. The contract outlines the terms of employment and the rights, duties, and obligations of both parties.
Under Section 7 of the Labour Act of 1971, employers are required to provide a written contract to employees within three months of the start of their employment. The contract is usually not permanent, so it also outlines how an employee will be reprimanded or terminated, subject to statutory or contracted notice periods. It may also outline conditions or actions that could lead to immediate dismissal by the employer.
An employer can terminate a worker’s employment without specific reason as long as they have followed the agreed-upon procedures in the contract. However, when the terms of employment are breached and the employee was not terminated fairly, there may be remedies available under the law. In successful wrongful termination cases, the victim can get back their outstanding salaries, benefits, and other allowances that they would have earned had they not been wrongfully terminated in Los Angeles.
Contact Rubin Law To Discuss Your Termination Today
Although the following information is not intended to serve as legal advice in Los Angeles, it can give you a background in wrongful termination cases. If you need a Los Angeles wrongful termination lawyer, then call Rubin Law Corporation at 213-224-9568. We will listen to you and provide you with free, customized advice without obligation.
What is Wrongful Termination?
Wrongful termination is when an employee is fired for an illegal reason. This is a very generic answer because many exceptions are in the California labor law, and most people find it helpful to speak to an attorney rather than try to understand all of them. For example, an employee can be dismissed at any time in California for any reason, but there are exceptions to this rule of “at-will” employment that may be a violation. In other cases, the wrongdoing is much more straightforward and obvious, such as when a whistleblower is fired for reporting suspected fraud or illegal activity in their company.
It’s worth remembering that wrongful termination and being fired unfairly are two different issues. In order to win damages for a Los Angeles wrongful termination case, you must have been fired for an illegal reason such as discrimination or harassment — based on your age, for example.
If you have personal disagreements with your boss or colleagues, were fired after you posted something on social media that your boss didn’t like, or noticed favoritism in the workplace, those are not legally-protected reasons to file a claim.
California Wrongful Termination Laws
Guz v. Bechtel National, Inc. was an important Supreme Court decision in California’s wrongful termination law. The plaintiff alleged that he was wrongfully terminated based on his age and sued for an implied contract breach. With this ruling, businesses were encouraged to avoid contractual restrictions on their power to discharge employees and clearly describe the at-will nature of employment at their companies.
In a 1980 case, Tameny v. Atlantic Richfield Co., the California Supreme Court held that an employee could file a wrongful termination claim against their employer if the employer violated public policy or provisions of state or federal statutes.
When you have questions about California wrongful termination laws, talk to a lawyer. It can be difficult to read through case studies and try to understand legal jargon on your own. These cases are typically very nuanced, requiring a particular skill and knowledge base. You don’t have to navigate the complexities of state, federal, and Los Angeles labor laws by yourself. Unjustly losing your job is hard enough, so call 213-224-9568 to let us help you and be your guide.
Examples of Wrongful Termination
Although each wrongful termination case in Los Angeles is different, they all typically fall into one of the following four categories.
Firing In Violation Of Anti-Discrimination Law
Discrimination is illegal under federal and California state employment laws. Therefore, an employee who is fired for a discriminatory reason has been wrongfully fired. It is illegal to discriminate on the basis of sex, age, pregnancy, disability, race, national origin, religion, marital status, or veteran status.
Racial discrimination in the workplace, for example, takes many forms, including:
- Segregating employees by race to do certain jobs
- Making decisions about hiring, firing, or promoting employees based on race or ethnicity
Age discrimination is also common in hostile work environments. Employees over age 40 are protected from discrimination on the basis of age by the Age Discrimination in Employment Act of 1967 (ADEA) when being considered for a job, promotion, discharge, compensation, or the terms, conditions, and privileges of their employment.
Firing And Sexual Harassment
It is illegal to sexually harass anyone in the workplace, but it still happens and victimizes people. Sexual harassment puts employees in a difficult position of wanting to stand up for themselves but being afraid of retaliation since losing one’s job is something most people want to avoid.
What adds insult to injury is being fired for reporting sexual harassment. Suppose you stood up for yourself or a colleague and were fired after reporting sexual harassment. In that case, you could be compensated for your mental distress, litigation costs and lawyer fees, lost wages, and medical expenses. Working with a wrongful termination attorney is one of the best ways to learn your options and fight for a fair outcome after this frustrating and potentially traumatic situation.
Firing In Violation Of Labor Laws
You may have a valid wrongful termination case if you have taken protected time off or went on sick leave but were subsequently fired. You may also have a valid case if you are fired in violation of your employment contract with your employer.
It is illegal to retaliate against an employee or take adverse action against an employee who has reported wrongdoing. An example of retaliation is when workers are injured and want to receive benefits while they heal. By law, your employer is required to pay worker’s compensation benefits for work-related injury or illness. If you were injured on the job and subsequently fired after you tried to receive Worker’s Compensation benefits, then you may have been wrongfully terminated by your employer.
Whistleblowers, or individuals who expose abuse of taxpayer funds within a private, public, or government organization, are protected from illegal retaliation by their employer. Whistleblowers provide a special service to the Department of Justice and the public when they report evidence of wrongdoing. You can view more examples of wrongful termination if you click here.
What Steps Should I Take After a Wrongful Termination?
First, it’s important to emotionally process the termination and remain calm. You will need a clear mind to take the necessary steps, so give yourself time to adjust. Don’t wait too long, though — the statute of limitations is two years from the date you were wrongfully terminated, retaliated against, or experienced outrageous workplace conduct that caused emotional distress.
You can call 213-224-9568 to schedule your free case evaluation with a wrongful termination attorney at Rubin Law Corporation. We find that a lot of people feel relieved and hopeful when they finally talk to an attorney.
Next, gather all documentation to support your wrongful termination claim, such as:
- Copies of emails or other correspondences
- A list of other employees who can serve as witnesses of discriminatory actions
- Copies of evaluations
- Voice messages on your phone
- Photos, if applicable
- Text messages
You should also write your narrative of what happened, including as many details as possible leading to your wrongful termination in Los Angeles. Include details such as names, dates and times, where events happened, and the sequence in which they happened. It’s best to do this while the information is still fresh in your mind.
Your next step is to file a complaint with the appropriate regulatory agency, which could be the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Suppose your termination was related to unsafe work practices. In that case, you should consider filing a complaint with the Occupational Safety and Health Administration (OSHA) or its California equivalent, the Department of Occupational Safety and Health (DOSH).
We highly advise that you do not discuss your wrongful termination claim on social media, and in some cases, we even recommend temporarily disabling your accounts. Wrongful termination cases are litigated heavily, and you are likely going to be under the scrutiny of your former employer’s attorneys. They will use anything you say online against you. We advise that you speak to us about your case. We are happy to listen and guide you through this difficult time in your life.
How Can a Wrongful Termination Lawyer in Los Angeles Help?
Wrongful termination cases can be complex, involving different agencies, each with its own procedures, varying deadlines, and requiring an understanding of your rights. The average person would be overwhelmed by this process and the pushback from their employer’s legal team, but wrongful termination lawyers handle these types of cases every day. You can’t possibly find all of the answers on your own, but with caring legal support, you can get the settlement you deserve from your wrongful termination claim.
How Much Compensation Will I Get?
If you have been wrongfully terminated in Los Angeles, then you’re probably wondering about the value of your case. Compensation for a wrongful termination claim can be anywhere from $5,000 to $80,000 or more, but this amount is highly specific to your situation. We can provide you with our professional opinion of how much we think your case is worth during your free consultation. The stronger your case and the higher your wage losses were, the more likely you are to receive a higher settlement.
The information provided below does not — and is not intended to — constitute legal advice. All content available on this site is for general informational purposes only. However, the following answers can provide a background for victims of wrongful termination in Los Angeles. Rubin Law Corporation strongly recommends that readers of this website contact us to obtain advice with respect to their particular legal matter.
What should I do if I have been wrongfully terminated from my Los Angeles job?
If you have been fired from your job illegally, then there are important steps that you need to take to protect your rights. First, you need to talk with an experienced wrongful termination attorney about the different deadlines for filing your suit in Los Angeles. You have 45 days from the date of discrimination or wrongful termination to seek advice from the EEOC and 180 calendar days to file a complaint at the EEOC.
Next, you should gather the necessary documentation to provide to your Los Angeles attorney. Write down every incident or event where you or a coworker was subjected to sexual harassment or discrimination and include the date, location, and who was involved.
Who do I file my complaint with?
The answer to this question will depend on the circumstances regarding your wrongful termination. If your Los Angeles employer breached your employment contract, then it’s likely that you will have to file your lawsuit in California state or federal civil court. If you were wrongfully terminated due to discrimination or after you reported sexual harassment, then you will file your claim with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency. Rubin Law Corporation is here to help you understand what to do and which path you must take to file your complaint. Call 213-224-9568 to speak to a wrongful termination lawyer.
Choose Rubin Law Corporation
With a result-oriented approach to developing legal solutions to meet the needs of employees in Los Angeles, Rubin Law Corporation has been trusted for years in the Southern California community. We have represented employees who were wrongfully terminated from major financial institutions, Fortune 500 companies, hospitals, major retail establishments, and publicly traded corporations.