Los Angeles wrongful termination

Myths About California Wrongful Termination Claims

April 18, 2023 | by Nassiri Law

As Los Angeles employment lawyers, we’re aware of a number of significant misconceptions that people have regarding wrongful termination claims.

It is not simply enough that a firing be unfair or rooted in reasons that are unfounded. In order for California wrongful termination claims to prevail, the termination must have occurred in contrast to federal or state anti-discrimination laws, labor laws, whistleblower laws, or employment contracts. These are not as easy to prove as people think.

We recognize that many aspects of employment law are convoluted, which contributes to the confusion. Here, we want to break down some of the top California wrongful termination claim myths that are most pervasive.

Myth: Wrongful termination applies to any unfair firing.

California, like so many other states, allows for at-will employment. That means you can be fired at any time and for any reason – or none at all. It doesn’t have to be fair. The boss’s son might get away with talking on his cell phone during work hours – but you get fired for the same offense. That’s not necessarily illegal. Where it crosses the legal line (usually) is when it’s discriminatory – on the basis of one’s gender, race, religion, nationality, ethnicity, disability, age, etc. It’s also illegal to fire workers for blowing the whistle on unsafe practices or in violation of the terms of one’s employment contract.

Myth: Only women and minorities can sue for wrongful termination.

Not so. Any person who belongs to a protected class can sue if they are being treated unfairly on the basis of there presence in that class or suspected presence or association with someone else in that class. For example, if a person is fired because they married someone who is Jewish, they may have a claim for employment discrimination and/or wrongful termination. Also, any worker whose employment contract was violated in the course of that firing may have a claim as well. If you cooperate with an OSHA investigation, you can’t be legally fired for that, as it would be considered retaliation. Continue Reading ›

Los Angeles Employment Lawyer: Can My Boss Force Me to Get the COVID Vaccine?

August 3, 2021 | by Nassiri Law

Are COVID-19 vaccine mandates legal in California? It’s a query increasingly being asked of our Los Angeles employment attorneys.

Employer vaccine mandates may soon become the norm, at least in California, if not beyond. Large employers – particularly those in California and New York – are moving to have their employees get vaccinated or tested regularly for COVID-19. Recently, the U.S. Department of Veterans Affairs mandated vaccines for its health care workers and President Joe Biden is expected to announce that all federal employees will be required to either be vaccinated or regularly tested. Masking mandates are also coming back into effect. As of right now, many private sector employers have stopped short of requiring vaccines as a condition of employment, but the growing thread of the Delta variant of the coronavirus may compel them to shift course. A growing number of L.A. bars and restaurants are going so far as to require patrons – let alone employees – to prove they are vaccinated.

Generally, employers can mandate vaccines, but it depends on where you live. Further, as a Los Angeles employment lawyer can explain, accommodations must be made for those with religious exemptions and disabilities, as well as those in unions.

The thinking behind these initiatives is that unless and until more people are vaccinated, infections, hospitalizations and deaths are likely to increase drastically across the country. With this, many major companies such as Lyft, Google and Facebook are requiring worker vaccines, as are universities. The only exceptions are those with medical or religious exemptions.

In response, we’re starting to see some employment lawsuits (wrongful termination) crop up. In Texas, for example, a hospital faced a lawsuit from more than 100 employees who were vaccine averse. There are also university students in Indiana who allege the school’s vaccine mandate is unconstitutional.

However, the history of vaccine mandates in the U.S. is actually a long one. Continue Reading ›

5 Types of Wrongful Termination in California Employment Lawsuits

September 21, 2020 | by Nassiri Law

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.

The laws most commonly cited in wrongful termination cases include: