Work With An Experienced Los Angeles Wrongful Termination Lawyer
In California, all employees working without a contract may be discharged from employment as long as it is not for an illegal reason. However, some companies do fire employees unlawfully. If you suspect you may be a victim of wrongful termination in Los Angeles or elsewhere in California, turn to Golan Law, P.C., for experienced legal representation.
Schedule a free initial consultation. Contact Golan Law, P.C. today.
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What Constitutes Wrongful Termination In California?
Under California law, employment is generally considered at-will. This means either you or your employer may choose to end your working relationship at any time, with or without prior notice or a specific reason. You are typically free to resign whenever you wish, and your employer may end your position without advance warning. However, this general rule has limits. It does not apply if you have a written employment contract, a collective bargaining agreement or if your firing violates specific state or federal workplace protections.
The “Illegal Reason” Exception
At-will employment does not give your employer the right to fire you for an unlawful reason. State and federal laws prohibit employers from letting you go because of illegal discrimination, retaliation for reporting unlawful conduct, or taking advantage of a legally protected right. If your firing breaks one of these legal protections, you may have grounds to take legal action for wrongful termination.
Several exceptions to at-will employment may apply to your situation:
- Violation of public policy: This may protect employees who are fired after refusing to take part in illegal acts or unsafe work. For example, your employer may violate public policy by firing you after you refuse to commit perjury, falsify safety records or ignore a required safety rule.
- Breach of implied contract: Workplace policies, employee handbooks or promises from a supervisor may create an unwritten agreement about your job. For example, your employer may promise to follow certain steps before firing you. If your employer breaks that promise, you may have grounds for a wrongful termination claim.
Proving that an exception applies may require records such as emails, witness statements or evidence about when events happened. Your employer’s stated reason for firing you may not tell the full story. Inconsistent explanations or a sudden change in your performance reviews may also matter.
If your employer recently fired you and the decision seems unlawful, our Los Angeles wrongful termination attorney can review your case and explain any applicable legal exceptions.
Exceptions To The Rule
There are exceptions to a company’s right to fire you under California’s employment laws. Some of these exceptions include:
- You’re a victim of discrimination
- You lost your position after lodging a complaint concerning sexual harassment, overtime, and wage issues or discrimination
- You were discharged in violation of a contract
- You took a leave from your job due to military service
- You had a long illness or took days off because your child was ill
- You refused to perform in a work environment that was not healthy
- You refused your employer’s request to violate the law
- You reported your employer’s illegal conduct (“whistle-blowing”)
- You took time off of work to vote
You Have Legal Rights
If you are terminated unlawfully, you may file a wrongful termination claim to recover lost wages and benefits, damages for emotional distress and maybe even your job back.
How To Protect Yourself
It may be a good idea to keep a record of the events concerning your firing because your employer may try to cover up an illegal termination.
It might be a good idea to keep track – in writing – of locations, dates and names of people involved in your performance reviews, off-hand comments, commendations and castigation about your work. It’s best to keep these notes in a safe place. You might also want to file a written complaint to your supervisor or company’s HR. Keeping this evidence can help your employment lawyer if you decide to take legal action.
I was fired by my employer without any verbal or written warning. Can I sue for illegal termination?
You need to know what the employer’s motivating factor for firing you was. If the factor was illegal, then you have a claim for wrongful termination.
I finally quit because my sales manager made my life so afflicted that I couldn’t handle it. Can I bring a wrongful termination lawsuit against her?
It is a constructive termination when a supervisor makes the conditions of your employment intolerable and forces you to quit. You may be able to bring a wrongful termination lawsuit against the company.
Call Now For A Free Consultation
For a free, no-obligation, confidential consultation, contact attorney Jeremy Golan today: 310-904-6783.
