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 in Los Angeles 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.
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 practiced Los Angeles 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 Los Angeles office and speaking with a wrongful termination lawyer.
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.
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