Articles Tagged with Los Angeles wrongful termination lawyer

Wrongful termination in California goes beyond a firing that some think was unjustified. As our Los Angeles wrongful termination attorneys can explain, it refers to an employment agreement that’s ended by the employer in violation of the worker’s legal rights. It means that the reason for one’s firing was because of discriminatory reasons, in violation of the employment contract or in retaliation for the employee exercising his or her legal rights.

It’s important to point out that California is an at-will state, so companies can fire employees for any time without cause, reason or advance notice. In order for one’s firing to be considered wrongful termination, former employees need to show it was due to reasons expressly prohibited by state or federal law. Los Angeles wrongful termination attorney

The laws most commonly cited in wrongful termination cases include:

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The experience of being “fired,” “terminated” or “let go” from a job can be debasing, infuriating and depressing. Disagreement on the reasons for termination or fairness aren’t uncommon, and some may even justly feel a fair amount of resentment. But that alone isn’t enough to establish that such employment action amounted to “wrongful termination.” Los Angeles employment lawyers can explain that in fact, most employees in the state of California can be fired for any reason and it doesn’t have to be fair. However, workers should not be under the false impression that they have no legal protection from firing in all instances.Los Angeles wrongful termination lawyer

Most employment arrangements in California fall into the “at-will” category. There is no labor contract, and usually, employers don’t need to have a good reason to fire someone. However, what employers cannot do is fire someone in violation of state and federal anti-discrimination laws, specifying protection based on:

  • Race
  • Age
  • Gender
  • Race
  • Political Affiliation
  • Religion
  • Physical or mental disability
  • National origin
  • Pregnancy

If the decision to fire someone was based – even in part – on any of these factors, it may be considered wrongful termination, with the employee entitled to just compensation. So even if there were many other reasons for why a person was fired, if any one of these was more than a trivial factor, it could amount to wrongful termination.

A wrongful termination claim can also arise if an employee is targeted because he or she exercised rights granted by the law. For instance, the federal Family and Medical leave Act (FMLA) which guarantees three months’ job protection for employees who take a leave of absence for birth, adoption or serious illness. If a worker is fired because he or she availed themselves of this leave, that would be grounds to file a wrongful termination lawsuit. Continue Reading ›

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