For employees in the Los Angeles area, Rubin Law Corporation stands as a guiding light for fairness, specializing in championing the rights of workers of all ages, demographics, and industries. With a dedicated focus on employment-related legal matters, our firm has carved a niche in advocating for fair treatment for employees in the workplace.
Understanding Wrongful Termination
Wrongful termination is a legal concept that occurs when an employer dismisses an employee in violation of employment laws or contractual agreements. It is crucial to comprehend the legal definition of wrongful termination to navigate the complexities surrounding this issue.
California Laws Protecting Employees
Various laws have been enacted to safeguard employees from unjust termination. These laws, including federal and state regulations, shield against arbitrary and discriminatory firing practices. A few to pay special attention to include:
At-Will Employment Doctrine
California follows the at-will employment doctrine, meaning that, in the absence of a contract specifying otherwise, the employer or the employee can terminate the employment relationship at any time, with or without cause. However, this doctrine is subject to certain legal limitations.
Anti-Discrimination Laws
California’s Fair Employment and Housing Act (FEHA) prohibits discrimination in employment based on factors such as race, color, national origin, religion, gender, age, disability, and sexual orientation. Employers are required to provide a workplace free from discriminatory practices.
Retaliation Protections
Employees in California are protected from retaliation for engaging in protected activities, such as reporting illegal conduct, filing a complaint, or participating in investigations. Retaliation is considered a form of wrongful termination.
Whistleblower Protection
California has whistleblower protection laws that shield employees from retaliation when reporting violations of laws or regulations within the company. California has a remarkably robust whistleblower protection law in Labor Code Section 1102.5. It includes damages for lost wages, emotional harm, punitive damages where warranted, and attorney fees. The attorney fee provision is a hammer that convinces employers to settle early and well. State court is normally an advantage for employee lawsuits.
Different Examples of Wrongful Termination
Wrongful termination can take various forms, each rooted in different legal principles and violations. Here are some common types of wrongful termination:
Discrimination-Based Termination
This occurs when an employee is fired based on characteristics such as race, gender, age, ethnicity, religion, disability, sexual orientation, or other protected classes. Anti-discrimination laws, like Title VII of the Civil Rights Act, prohibit such actions.
Retaliatory Termination
Retaliatory termination happens when an employee is fired for engaging in protected activities, such as reporting illegal conduct, filing complaints, or participating in workplace investigations. Whistleblower protection laws often come into play in these cases.
Breach of Contract
If there is an employment contract, a termination that violates the terms of that contract can lead to a wrongful termination claim. This can include termination without cause when a contract specifies certain conditions for dismissal.
Constructive Discharge
Constructive discharge occurs when an employer creates a hostile or intolerable work environment, forcing the employee to resign. Even if the termination is technically voluntary, it can still be considered wrongful if the work conditions were made unbearable.
Violation of Public Policy
Wrongful termination based on a violation of public policy happens when an employee is fired for refusing to engage in illegal activities or for exercising legal rights, such as taking medical leave.
Whistleblower Retaliation
Whistleblower laws protect employees who report illegal activities within their organizations. Termination in retaliation for whistleblowing is considered wrongful and is prohibited by various statutes.
FMLA Retaliation
The Family and Medical Leave Act (FMLA) provides job protection for eligible employees who take leave for qualifying reasons. Termination in retaliation for taking FMLA leave is considered wrongful.
Violations of State and Federal Laws
Any termination that violates specific state or federal employment laws, such as wage and hour laws, can be considered wrongful. For example, terminating an employee for filing a wage and hour complaint may lead to a wrongful termination claim.
Each type requires a nuanced understanding, and Rubin Law Corporation has been at the forefront of addressing these issues head-on.
Consequences and Damages
The consequences of wrongful termination are not only professional but also personal and financial.
Financial Damages
Back Pay: This includes the wages and benefits the employee would have earned from the date of termination until the resolution of the case.
Front Pay: If reinstatement is not feasible, front pay may be awarded to compensate for future lost earnings and benefits.
Compensatory Damages
Emotional Distress: Employees may be awarded damages for emotional distress caused by the wrongful termination.
Pain and Suffering: This includes compensation for any physical or mental suffering resulting from the termination.
Loss of Benefits
Employees may seek damages for the loss of benefits, such as health insurance, retirement contributions, and other perks that would have been provided if the employment had continued.
Harm to Reputation
Wrongful termination can harm an employee’s professional reputation. Damages may be sought for the negative impact on future employment opportunities.
Impact on Employee’s Career
Wrongful termination can have long-lasting effects on an employee’s career, making it challenging to secure comparable employment.
Real-Life Examples Handled by Rubin Law Corporation
Rubin Law Corporation has a track record of successfully handling wrongful termination cases. We would love to show you some wrongful termination case studies and delve into specific instances, offering insights into the circumstances, legal arguments, and outcomes of these cases. As you’ll see on our settlements page, we helped a client earn $500,000 from a whistleblower wrongful termination case. Another whistleblower received $300,000 and owed wages for their wrongful termination. You’ll see we have many, many past clients who earned many hundreds of thousands of dollars for their whistleblower claims. These are actual settlements paid reasonably promptly after initiating claims, not verdict amounts still subject to appeals or motions to eliminate or reduce the damages.
Filing a Wrongful Termination Claim
To seek justice, employees must understand the process of filing a wrongful termination claim. This includes gathering necessary documentation, understanding timelines, and following the appropriate legal channels.
Legal Steps in a Wrongful Termination Case
Navigating a wrongful termination case involves several legal steps. It’s essential for individuals who believe they have been wrongfully terminated to follow these steps carefully. Keep in mind that the specific process may vary based on the nature of your case. Here are the general legal steps involved in a wrongful termination case:
Consultation with an Attorney: The first step is to consult an experienced employment law attorney at Rubin Law. They can assess the circumstances surrounding the termination, evaluate potential legal claims, and provide guidance on the best course of action.
Gathering Evidence: Collecting evidence is crucial. This may include employment contracts, performance evaluations, emails, witness statements, and any other documentation that supports the claim of wrongful termination.
Filing a Complaint with a Government Agency: Depending on the nature of the wrongful termination, you may need to file a complaint with a relevant government agency, such as the Equal Employment Opportunity Commission (EEOC) or a state labor board or the California Civil Rights Department. This step is often a prerequisite before filing a lawsuit. The Rubin Law Corporation knows how to handle this strategically, and knows which filing or filing deadlines are most advantageous to you.
Mediation or Settlement Negotiations: Before proceeding to court, the parties may engage in mediation or settlement negotiations. This involves attempting to reach a resolution without going through a lengthy and costly legal process.
Receiving a Right-to-Sue Letter: If the complaint is filed with a government agency, the employee will typically receive a Right-to-Sue letter after the agency completes its investigation. This letter grants permission to file a lawsuit. Again, the Rubin Law Corporation can handle this for you. We can avoid a dead-end agency investigation that consumes months without necessarily producing results.
Filing a Lawsuit: With the right-to-sue letter in hand, the employee can proceed to file a lawsuit against their employer. The lawsuit outlines the allegations, legal claims, and the damages sought.
Discovery Process: Both parties engage in the discovery process, during which they exchange relevant documents and interrogatories, and take depositions. This phase allows each side to gather information and build their case.
Pre-Trial Motions: The parties may file pre-trial motions to request specific actions from the court, such as the exclusion of certain evidence or the dismissal of certain claims.
Trial: If a settlement is not reached, the case proceeds to trial. Both parties present their arguments, evidence, and witnesses, and the court makes a determination based on the merits of the case.
Judgment and Appeals: The court issues a judgment, and if either party is dissatisfied, they may file an appeal. The appeals process involves reviewing whether legal errors occurred during the trial.
Enforcement of Judgment: If the court rules in favor of the employee, the next step is enforcing the judgment, which may involve the collection of awarded damages.
It’s important to note that wrongful termination cases can be complex, and seeking the guidance of an experienced attorney is crucial at every stage of the process. Choosing the right attorney is crucial for a successful wrongful termination case. Attorneys from Rubin Law Corporation can provide invaluable assistance in navigating the legal complexities and advocating for the rights of the wrongfully terminated employee. Because we have hard-earned experience with the system, we can be your guide on how to best and most effectively navigate it to obtain the best results with the least risk and consumption of time.
Rubin Law Handles Wrongful Termination Lawsuits
As Rubin Law Corporation continues to champion the cause of justice in employment law, our team will fight on your behalf regarding wrongful termination issues. Allow us to protect your rights and seek recourse when you are faced with unjust termination. It all begins with a free case evaluation. Contact us today to begin.
