Wrongful Termination Lawyer in Los Angeles

In California, employment is “at-will.”  Generally, this means that your employer can fire you for any reason, even for an unfair reason, without notice or ability to tell your side.  But “at-will” does not mean that no rules apply and that you have no protections.

There are many exceptions to the at-will rule. If you suspect that you were wrongfully terminated, please contact a wrongful termination lawyer to discuss your potential case.  Under the guise or a pretense of a legitimate “at-will” termination, employers often carry out maliciously motivated, wrongful terminations.  Just because an employer relies on the “at-will” doctrine and declines to admit that the termination was wrongful, it does not mean that you do not have a case.  The cover-up may constitute evidence of guilt and pretext.

It is illegal for an employer to terminate you for an unlawful reason or a purpose that contravenes a fundamental public policy. An employer’s obligation to refrain from firing an employee is a duty imposed by law on all employers. When an employer wrongfully terminates you in violation of a public policy against discrimination, retaliation, and other policies discussed below, it gives rise to a wrongful termination lawsuit.

• Discriminatory Termination: Termination based on protected characteristics such as race, gender, disability, sexual orientation, disability or health condition, sexual orientation, national origin, pregnancy and religion, are just some examples
• Retaliatory Termination for Objecting to Illegal Activity: Termination for complaining of or refusing to engage in what you reasonably believe is illegal conduct such as unlawful discrimination (see examples above), unsafe workplace practices including Cal/OSHA Violations, fraud, theft, any other violation of state or federal law
• Retaliatory Termination for Seeking Payment of Wages: Termination for complaining of misclassification as an independent contractor or exemption from overtime, attempts to obtain earned wages and meal and rest breaks, commissions and any other entitlements
  Retaliatory or Discriminatory Termination for Exercising Your Rights: Terminations for seeking medical leave or other medical accommodations and adjustments due to a temporary or permanent health condition, pregnancy, or seeking an accommodation to take care of a spouse or child and/or other CFRA/FMLA rights
  Retaliatory Termination Against Witnesses: It is also illegal for an employer to retaliate or discriminate against a witness who supports a victim of unlawful conduct or participate in an investigation
  
  These are not all examples of a wrongful termination. Moreover, the same set of facts may give rise to multiple claims for wrongful termination. For example, if you were sexually harassed at work because of your gender and also retaliated against for complaining of sexual harassment, you may have causes of action for sexual harassment/gender discrimination as well as retaliatory termination. We encourage you to speak to a wrongful termination attorney at your earliest opportunity to learn about your rights to restitution.

You also have to file your case timely and follow all applicable administrative exhaustion requirements. 

Employees under an employment contract may have additional protections. A breach of contract occurs when one or more parties do not meet their agreed obligations. Agreed upon obligations are usually individual. Generally, there may be a clause that forbids your employer from discharging you without good cause. Often good causes will be defined to include specific violations of policies such as fraudulent activity, etc. In other words, Company cannot discharge at-will. Company must show that you actually violated a company policy. Some employment contracts require an employer to retain you for a specific period of time and failure to do so exposes the employer to liability and damages requiring your employer to pay out the remainder of the contract term. An employment contract may also include terms and provisions for stock options, vesting, bonuses and other entitlements. You may have a claim for breach of contract and a claim for wrongful termination in violation of public policy if your employer terminates you on the eve of benefits vesting to avoid paying out these benefits.

• Refusing to allow you to return to work after CFRA/FMLA leave or other medical leave where holding a job open did not pose an undue hardship
• Placing you on a performance improvement plan with unreasonable benchmarks to prevent you from succeeding and relying on this sabotage to terminate you for reporting sexual harassment
• Subjecting you to a racially hostile work environment that interferes with your ability to work
• Forcing you to work in unsafe work conditions leaving you no choice but to resign
• Firing you for demanding earned wages, meal and rest breaks, commissions
• Treating individuals outside your race/gender/age group more favorably in terms of promotions and other employment benefits
• Terminating you under pretextual reasons to replace you with someone substantially younger
• Punishing you for whistleblowing by smearing your reputation, denying your request for promotion, among other adverse actions

This is not a complete list of all the ways an employer violates the law.  We provide free and confidential consultations to help you identify additional grounds for wrongful termination liability.

Employees who do the right thing, speak up, or refuse to participate in illegal actions, are often wrongfully terminated for blowing the whistle on illegal activity.  This article contains more detailed information about whistleblower termination. 

A whistleblower may be a victim of an illegal practice who objects to ongoing illegal abuse.  Examples of whistleblowers include:

• A woman saying no to sexual harassment
• An African-American man reporting that refusal to promote was race motivated
• A disabled employee complaining to Human Resources regarding supervisor’s refusal to accommodate her medical condition 

A whistleblower may also be an observer of an illegal practice or safety issues, i.e., a nurse raising concerns of patient safety or a co-worker reporting that another employee was harassed because of his disability.  

You may also be a whistleblower if you refuse to engage in an illegal practice directed by your employer.

Whistleblowers are also witnesses who assist in investigations into alleged corporate fraud or illegal activities or report corporations to third party government agencies.

A whistleblower may be a victim of an illegal practice who objects to ongoing illegal abuse. Examples of whistleblowers include:

• A woman saying no to sexual harassment
• An African-American man reporting that refusal to promote was race motivated
• A disabled employee complaining to Human Resources regarding supervisor’s refusal to accommodate her medical condition
• A whistleblower may also be an observer of an illegal practice or safety issues, i.e., a nurse raising concerns of patient safety or a co-worker reporting that another employee was harassed because of his disability.
• A whistleblower may also be anyone refusing to engage in an illegal practice

You have to show that you were either actually or constructively terminated from your job.  In other words, you do not necessarily have to be fired to have a wrongful termination claim. A constructive discharge occurs when an employer engages in conduct that forces you to resign.  Such a termination is treated as a firing.  However, the work environment has to be both subjectively and objectively intolerable.  In other words, just because the work environment is intolerable to you, it may not rise to what California finds to be objectively intolerable.  

If you are forced to work under illegal conditions, e.g., without meal and rest breaks, without a medical accommodation, etc., you may have a claim for constructive termination if you resign.  Continued harassment for whistleblowing or for discriminatory reasons may in some instances likewise evidence an objectively intolerable environment.  All cases depend on the individual facts and circumstances.  We can help you evaluate whether the circumstances may justify a constructive termination.

The remedies available include past and future economic and emotional distress damages as well as penalties. The extent of economic damages requires an individual analysis for each person. The following factors may be relevant:

• Value of your lost salary, benefits, bonus, and/or stock options
• How long it took you to find a substantially similar position
• Impact of the termination on your career growth
• Impact on your mental health and emotional state, which may also have physical manifestations

If you are terminated in your 50s and 60s, the time it will take you to find another job may be longer than for a person in his/her 30s and 40s resulting in greater economic loss and likely additional emotional distress from being among the long term unemployed.

The pain and suffering from the betrayal, humiliation, and hurt feelings from wrongful termination can reach extreme levels and may require treatment for years. 

Our attorneys will keep you informed every step of the way as we advance your rights. Although each case is unique, we have successfully obtained the following types of compensation and relief for wrongful termination including:

• Past and Projected/Future Economic Losses
• Emotional Distress Damages
• Exemplary Damages (intended to penalize the Corporation to deter future misconduct)
• Unreimbursed Business Expenses
• Stock Options 
• Unpaid wages, commissions, and other penalties for wage and hour violations
• Positive and/or neutral letter of recommendation
• Agreement prohibiting employer from defaming your reputation
• Job placement coaching
• A stipend for additional training
• Severance pay

The main question in a wrongful termination case is what motivated your termination? Your employer is unlikely to admit to unlawful conduct.  Do not be discouraged just because you do not have a smoking gun admission.  Circumstantial evidence may be just as persuasive.  In many cases, the following 3-step process applies: 

1. The ball is in your court to identify the illegal reason for termination, e.g., “I was fired because I requested CFRA/FMLA leave.”  Your attorney will help you evaluate your case to determine applicable bad faith motivations. 
2. The ball then shifts to the employer to present a legitimate business reason for termination, e.g., “No, she was fired because of poor performance.”
3. You then get a chance to prove that the employer’s stated reasons are a pretext/cover for discriminatory and/or retaliatory motives or offer other evidence of unlawful motives.

Los Angeles wrongful termination lawyers, such as Employee Rights Attorney Group, can help you prove your case. The type of circumstantial evidence that points to illegal/unlawful conduct varies in each situation. Among other factors, Courts pay attention to:

• Timing/proximity between the whistleblowing and the termination or other adverse actions. Did termination or adverse action closely follow complaints of illegal conduct? In some cases, however, employers may take their time to retaliate.
• Are the employer’s stated reasons for termination not credible? Is the employer lying?
• Are there other individuals (“me too” victims) who were discriminated or retaliated against in a similar way?
• Are you treated worse than your co-workers who are of a different race, gender, etc.?
• Has your employer responded to any complaints of unlawful conduct with appropriate remedial action or did more retaliation follow?
• Is there a financial motive to continue with illegal practices? For example, does the employer prioritize profit over safety?
• Are there other circumstances, texts, e-mails, documents, or witnesses to support your story? Documenting violations is incredibly important. 

As attorneys that solely focus on employee rights; we know wrongful termination and have helped others that have lost jobs unfairly win their cases. 

• Reach out for help and support.  Consider speaking with your former co-workers and/or former employees who were similarly mistreated.  While ongoing mental health treatment may be cost prohibitive, your primary care physician may be able to help you manage your symptoms of depression and anxiety.
• Apply for Unemployment Insurance/EDD Benefits.
• Stages of grief include anger. Stay away from social media and consider cleaning up and/or being mindful of your online presence. If you are intent on bringing a claim, what you post will be scrutinized.
• Speak to a wrongful termination attorney. We can provide you with solutions tailored to your situation and discuss a way forward.

• A wrongful termination complaint is prepared by your attorney
• An attorney will usually gather important information from you to prepare an overview of your claims for the Court
• A wrongful termination complaint includes relevant facts and law forward.

Our clients often come to us during one of the most difficult times in their lives. A termination may leave you confused, hurt, angry and worried about providing for your family. The prospect of standing up against a corporation may be intimidating. Aggressive advocacy, knowledge, and hard work are the tenets of our practice. But those aspects are not enough for a successful outcome. We limit our caseload because a wrongfully terminated individual also needs guidance, answers, and information as to how to achieve a positive outcome.