Have you recently been fired from your job, leaving you wondering what your options are? Being let go or fired from any job can be stressful, especially when you depend on your wage to survive. While most employees are hired “at will” in the state of California, there are still certain legal protections you have as an employee.

If you believe that you were wrongfully terminated, Levin & Nalbandyan, LLP can help you. Our Los Angeles wrongful termination lawyers can investigate your case to determine the cause of your termination and protect your rights.

WHAT IS WRONGFUL TERMINATION?

Wrongful termination occurs when an employer fires an employee based on a decision made by something other than skill or job ability. This means the employer discriminated against the individual in one way or another and made the decision to fire them as a result. What this means is, essentially, an employer can decide that you are not putting in enough effort or committing to your job, but they cannot fire you as a result of discrimination.

Wrongful termination laws were put in place to protect employees from dishonest or illegitimate firing practices. If you believe you were wrongfully terminated, then these employment laws are on your side when you seek legal representation. However, proving that you were fired for an unfair reason can be complicated, which is why hiring experienced counsel in Los Angeles is important.

TYPES OF WRONGFUL TERMINATION

There are several types of wrongful termination. If you believe you were fired in violation of state or federal law, you might be able to pursue legal action against your employer. It is important to discuss your rights with a wrongful termination attorney as early as possible. 

Common types of wrongful termination in California:

• Public Policy Violation
• Discrimination
• Retaliation
• Defamation
• Breach of Contract

Depending on the circumstances of the case, you might be entitled to compensation if you were illegally fired or laid off. Compensation may include but is not limited to back pay and lost benefits. 

WHAT CONSTITUTES WRONGFUL TERMINATION?

In short, being discharged from your workplace for an unlawful reason is the definition of wrongful termination.

A few examples of wrongful termination include:

• Discrimination of all types: If the employee was being harassed or discriminated against and reports the owner, and the owner fires the employee, this is wrongful termination.
• Retaliation for contesting a wage or overtime dispute: Wage disputes can also be the reason someone is wrongfully terminated. This means that an individual reported having their wages unpaid and the owner fired the employee for reporting it.
• Retaliation for denying a sexual harassment advance: In some cases, if the owner makes sexual advances to an employee, but the employee denies it, the owner may fire the employee. This is an act of wrongful termination that is illegal and the employee may be able to take legal action.
• Retaliation for refusing to partake in illegal behavior.
• Retaliation for filing a workers’ compensation claim.
• FMLA violations, such as being fired after having a baby or taking care of a loved one.
• Whistleblower retaliation.

WHO CAN BE HELD ACCOUNTABLE IN WRONGFUL TERMINATION LAWSUITS?

Most often, it’s the employer or the supervisor who fires the individual that would be considered responsible for the wrongful termination. In some cases, however, there may be other factors such as a co-worker lying about an employee’s performance in order to get them fired.

SEEKING RESTITUTION FOR WRONGFULLY TERMINATED EMPLOYEES

If you were not given valid reasons why you were fired and suspect some type of illegal firing practice or other unlawful termination situation, our wrongful termination lawyers in Los Angeles can help. At Levin & Nalbandyan, LLP, we believe in protecting the employees’ best interest and rights and are here to help you seek the financial restitution you deserve.

STEPS TO TAKE AFTER WRONGFUL TERMINATION

If you were illegally fired from your job, you need to act quickly to protect your rights. The first call you should make is to a qualified lawyer who can discuss your rights and responsibilities regarding your unlawful termination.

Steps to take if you were wrongfully terminated in California:

• Gather documents and other information related to your employment and termination. Any records or emails you can provide showing the discrimination might be helpful.
  
• Contact an attorney. Consultations are free and confidential. It is strongly recommended that you consult with a wrongful termination lawyer as early in the process as possible.
  
• Decide how to proceed. With the help of legal counsel, you can determine the best way to proceed with your case.

If you were wrongfully terminated from your job, you deserve justice. Wrongful termination claims can take months to resolve. Do not wait until it is too late. 

AT-WILL EMPLOYMENT (AND EXCEPTIONS)

In California, most employee-employer relationships are considered “at-will.” At-will employment means that either party may terminate the employment relationship at any time. However, there are exceptions.

Exceptions to at-will employment in California include if a person was fired in violation of:

• An implied contract
• The implied covenant of good faith and fair dealing 
• Public policy

An employee may also have a case for wrongful termination against an employer who engages in fraud or misrepresentation. Just because you were hired as an at-will employee, it does not mean that an employer can fire you for any reason. Learn more about the exceptions to at-will employment by calling our office.

CONSTRUCTIVE TERMINATION

Constructive termination occurs when an employee is forced to resign because of an employer’s conduct. For instance, if an employer creates a hostile work environment that causes the employee to quit, it may be considered constructive termination.