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.
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.
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.
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.
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.
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 Levin & Nalbandyan Trial Lawyers could review your circumstances and offer preliminary advice during a confidential consultation. Schedule yours by calling today.