Grounds for a Los Angeles Wrongful Termination Case
Most forms of employment are at-will, which means there is no formal contract of employment created between employers and employees. Either party can terminate the working relationship at any time, with or without specific cause for doing so. However, under certain circumstances, an employer’s termination of someone’s employment is in violation of one or more worker protection laws established at the state or federal level. In this case, that employee would have grounds to sue over their wrongful dismissal.
In order to effectively enforce your right to be free from discrimination in the workplace, you need to know what kinds of scenarios qualify as unlawful in this context. Our employment lawyers have experience with these types of lawsuits and could help you understand the common grounds for a Los Angeles wrongful termination case. If you suspect your termination was motivated by discrimination, retaliation, or another prohibited reason, contact our wrongful termination lawyer as soon as possible.
Discrimination Against a Protected Class
One of the most straightforward scenarios in which you would likely have grounds for legal action over unjust termination in Los Angeles is if you were dismissed from your position specifically because of your membership in a protected class. Federal law prohibits employment discrimination based on race, color, sex and gender identity, sexual orientation, religion, physical disability, and age under certain circumstances. California law provides additional protections for people based on pregnancy, military status, political affiliation, and more.
Most employers will not openly admit that discrimination influenced a termination decision. Instead, they may cite performance issues, restructuring, attendance concerns, etc. Evidence such as discriminatory comments, inconsistent disciplinary actions, sudden negative evaluations, or different treatment of similarly situated employees can sometimes help establish that an unlawful motive played a role in the decision.
It is important to look beyond the reason stated in the termination paperwork. The timing of events, communications between supervisors, and the employer’s treatment of other workers may all be relevant to determining whether discrimination occurred.
Retaliation Against Lawful Activities
Employers also cannot terminate someone’s employment as retaliation for that employee exercising their rights with regard to protected activities in the workplace. Termination in response to someone filing a workers’ comp claim, participating in union activities, or acting as a whistleblower about unlawful actions by their Los Angeles employer can all qualify as wrongful dismissal and justify a lawsuit
Wage and Hour or Family and Medical Leave Violations
If an employee brings up concerns about their employer violating wage and hour laws by, for example, failing to properly compensate overtime hours or not paying wages on time, their employer firing them in response to those concerns would likely constitute grounds for a wrongful termination lawsuit in Los Angeles. Likewise, employers of a certain size can be sued for unlawful dismissal if they fire someone taking time off to care for a family member or a newborn child, as that would violate the federal Family and Medical Leave Act.
Records such as payroll information, timekeeping data, leave requests, emails, and written complaints can be valuable evidence when pursuing claims involving wage violations or protected leave. These materials may help demonstrate that the stated reason for termination was not the true reason for the employer’s decision.
Violation of Public Policy or Contract
You cannot lawfully be terminated based on your refusal to engage in illegal activity or otherwise violate public policy in the course of your employment. Furthermore, if you do have an employment contract that your Los Angeles employer then breaches by prematurely firing you, you could likely sue for unlawful termination in response.
Public policy violations can arise in many situations. For example, an employee may be pressured to falsify records, ignore safety regulations, participate in fraudulent conduct, or violate state or federal laws.
Contract-related disputes may involve written employment agreements, executive compensation agreements, commission plans, or other documents. Reviewing all employment-related documents is often an important step in determining whether valid grounds for wrongful termination in Los Angeles exist.
Violation of Company Policies
Finally, wrongful termination can sometimes occur solely within the context of a particular company’s internal policies. If, for instance, your employer has established specific procedures for performance improvement plans, increasing levels of discipline for poor performance, or other similar rules outlined in an employee handbook or equivalent document, firing you without following those established procedures could potentially be grounds for a Los Angeles employment lawsuit.
While employee handbooks do not automatically create enforceable contracts, they can provide important evidence regarding how an employer is expected to handle disciplinary matters. If management routinely follows certain procedures but ignores them in a particular case, that inconsistency may become relevant during litigation.
Internal policies may also address workplace investigations, complaint procedures, anti-discrimination practices, and performance reviews. Comparing what the employer promised employees with what actually occurred can help identify additional legal issues surrounding a termination.
Steps to Take If You Are Unjustly Fired
If you believe your employer unlawfully terminated your employment, what you do in the days and weeks afterward is important.
Some helpful steps may include:
- Requesting copies of termination documents and personnel records
- Saving emails, text messages, performance reviews, and other workplace communications
- Creating a timeline of significant events leading up to the termination
- Identifying witnesses who may have knowledge of relevant facts
- Avoiding the deletion of electronic records that may support your claim
- Speaking with our lawyer before signing severance agreements or releases
Many workers are pressured to sign documents immediately after being terminated. Before waiving potential rights, it is beneficial to understand the legal implications of any agreement presented by the employer. Taking prompt action may also be important because employment claims are subject to filing deadlines. Our attorney can help you assess your situation to see if there could be a valid wrongful termination claim in Los Angeles.
Potential Remedies for Wrongful Termination
The purpose of remedies in a successful Los Angeles wrongful termination case is generally to address losses caused by an unlawful termination and hold employers accountable for violations of employment laws. Potential remedies may include:
- Lost wages and benefits
- Future lost earnings in appropriate cases
- Compensation for emotional distress
- Punitive damages when permitted by law
- Attorneys’ fees and litigation costs in certain claims
- Reinstatement to a former position when appropriate
Damages depend on numerous factors, including the nature of the violation, the evidence available, and the specific laws involved.
Contact a Los Angeles Attorney for Help With Your Wrongful Dismissal Case
This is not a comprehensive list of every possible situation that could qualify as grounds for a Los Angeles wrongful termination case. You may have significantly more legal protection from losing your job than you might think. You have legal options if your employer violated your rights by wrongfully firing you.
One of our employment attorneys at LNN Personal Injury Lawyers could review your circumstances and offer preliminary advice during a confidential consultation. Schedule yours by calling today.