Los Angeles Wrongful Termination Lawyer

Wrongful Termination Attorney in Los Angeles, CA

Although California is an “at-will” employment state, employers are not permitted to fire workers based on discriminatory or illegal reasons. If you believe you were fired because you hold a protected characteristic or participated in a protected activity, this is a violation of state and federal employment laws. Though proving wrongful termination can be challenging, a Los Angeles wrongful termination lawyer can advocate for you and your rights.

Though proving wrongful termination can be challenging, a Los Angeles wrongful termination lawyer can advocate for you and your rights. An experienced employment law advocate in Los Angeles can help you gather the necessary evidence, build a strong case, and navigate the complexities of employment law to ensure you receive the justice you deserve. They can assist you in understanding your legal options, represent you in negotiations or court, and work tirelessly to hold your employer accountable for their unlawful actions.

The Law Offices of Miguel S. Ramirez: Your Wrongful Termination Team

The Law Offices of Miguel S. Ramirez have years of experience representing Los Angeles, CA-area clients in a wide range of employment disputes, including wrongful termination. Our attorneys will examine the details of your recent firing and evaluate any evidence you provide to substantiate your claim. You will likely need to file a claim with the Equal Employment Opportunity Commission (EEOC) in response to your wrongful termination, and we can assist with this as well. Our goal is to provide support and peace of mind when you need it most.

What Is Wrongful Termination?

A wrongful termination occurs when an employer fires an employee for an illegal reason. For example, if you revealed that you are pregnant to your employer and they fired you shortly thereafter without any sound justification, their firing decision could be based on your pregnancy and your future leave of absence. Wrongful termination may also occur due to other forms of discrimination or because of illegal behavior.

In almost every wrongful termination case, the employer attempts to hide their true reasons for firing an employee with other excuses. For example, if they have a discriminatory intention for firing an employee, they may give the employee an unreasonably harsh performance review. They could then cite this as justification for their firing decision. If you are unsure whether your recent termination was wrongful, it’s vital to consult an experienced Los Angeles wrongful termination attorney as soon as possible.

What Are Protected Characteristics Under California Employment Law?

In addition to federal laws that protect certain employees from wrongful termination, California has a comprehensive list of protected characteristics. As a result, it is illegal for any California employer to make hiring and firing decisions on the basis of:

• Race
• Sex
• Sexual orientation
• Ethnicity
• National origin
• Age
• Color
• Ancestry
• Physical or mental disability
• Medical status or condition
• Pregnancy status
• Religion
• Gender identity
• Military or veteran status
• Genetic information

At-Will Employment Laws and Wrongful Termination

California upholds an at-will employment law designed to protect both employees and employers. Under at-will employment, an employee has the right to leave their job at any time, with or without giving prior notice, and with no requirement to provide a specific reason.

Similarly, an employer has the right to terminate an employee at any time, with or without prior notice and at their discretion. While this may sound like it gives employers the ability to legally fire anyone for any reason, employers may not fire employees for illegal reasons.

A wrongful termination occurs when an employer bases a termination decision on an illegal reason. Some employers may attempt to hide their discriminatory reasons for firing an employee with legal excuses, but these usually fall apart with significant scrutiny. After a termination for illegal reasons, you may feel hopeless in the face of the at-will employment laws in California.

However, if you have any evidence that shows your employer fired you for an illegal or discriminatory reason, you have grounds for legal action. An experienced Los Angeles wrongful termination attorney is the best asset you can have in this situation.

What Qualifies As Wrongful Termination in California?

At-will employment laws allow employers and employees to have less binding relationships. While an employer can fire an employee without justifying their reasoning, it’s considered illegal to base employment decisions on a few reasons. The following are the forms of illegal reasoning that qualify as wrongful termination in California:

You Were Fired as an Act of Discrimination

The most common motivation for wrongful termination cases is discrimination. Unfortunately, countless employees lose their jobs every year because of discriminatory practices in their workplaces. Discrimination on the basis of protected characteristics is illegal. For example, suppose you were treated well at your job until a supervisor discovered your sexual orientation. Suddenly, your performance ratings started to drop, and you were let go within weeks. This is wrongful termination.

You Were Fired for Whistleblowing

Because whistleblowers reveal illicit business secrets, they tend to face extreme scrutiny when returning to their positions. While exposing illegal behavior is brave, your coworkers or employer may punish you as a result.

However, whistleblowers are protected by state laws against retaliation. This means it’s illegal to demote, fire, or treat you poorly because you revealed information. If you were demoted or fired because you acted as a whistleblower, you may have the basis for a claim.

You Were Fired as a Form of Retaliation

Retaliation occurs when your employer takes harmful action against you after you participated in a protected activity. Simply put, retaliation is your employer attempting to punish you for doing something that was not legally wrong. Retaliation can come in multiple forms, such as taking away your promotions, demoting you, or firing you. It’s most commonly seen when employees request or take extended leave, whistleblow, or report discrimination and other employment violations.

An Implied Contract Was Breached When You Were Fired

Although at-will laws make it easier to fire and hire employees whenever needed, this does not mean employers can violate implied contracts. Technically speaking, an implied contract is a deal or compromise that both parties firmly agree on but do not put in writing. When employers violate implied contracts, they break employment laws and the “implied covenant of good faith” rule.

Your Termination Was a Violation of Public Policy

In some cases, an employer attempts to force their employees to participate in illegal behavior. If an employee refuses to engage in that behavior and is fired soon after, this is public policy wrongful termination. For example, if your stockbroker boss asks you to participate in fraud, but you refuse and are fired, this is a public policy violation. Public policy wrongful termination cases are complex but can be won with proper legal aid.

Why Should I Hire a Los Angeles Wrongful Termination Attorney?

The right attorney can make a tremendous impact on the outcome of your wrongful termination case. Navigating these cases is more difficult than the average person might realize, and you could be entitled to more compensation than you expect. Hiring the right Los Angeles wrongful termination attorney not only increases your chance of success with the claim but is also likely to maximize your recovery. You may have grounds to hold your employer legally accountable for violating the law as well as for losses caused by your wrongful firing.

Filing a Wrongful Termination Claim in California

Proving wrongful termination is often very difficult, but it is possible when you have a reliable legal team supporting you. There are important steps you must complete to succeed with your wrongful termination claim. First, note that you cannot sue your employer directly. Instead, you must file a wrongful termination claim with the EEOC.

The EEOC will investigate your claim, and if the agency determines that a wrongful termination occurred, they will issue you a Notice of Right to Sue. This document allows you to proceed with a civil action against your employer. If the employer’s behavior was particularly egregious, the EEOC may initiate formal criminal charges against the employer.

Your Wrongful Termination Case

Every wrongful termination case is unique, but every such case must begin with an EEOC claim. Your Los Angeles wrongful termination attorney will assist you in gathering evidence to submit to the EEOC with your claim, including records of correspondence with your employer, past performance reviews, and statements from your coworkers. Once the EEOC receives and approves your claim, your attorney can help you determine which damages you can seek in your civil action.

Some employees who are wrongfully terminated desire reinstatement to their positions, but this isn’t acceptable for many claimants. You also have the right to seek compensation for lost wages or benefits resulting from the termination, as well as any out-of-pocket costs you incurred due to your firing. Your attorney can help you calculate these losses and even pursue compensation for emotional distress and reputation damage caused by the wrongful termination.

Success with your wrongful termination suit can provide fair compensation for the losses you sustained from the incident. Your suit may also potentially prevent others from facing the same treatment.

If the EEOC determines that your employer has engaged in a pattern of wrongful termination and other discriminatory practices, they will likely take additional punitive action against them. The best way to hold an employer accountable for unfair, unethical, and illegal business practices is to consult with a Los Angeles wrongful termination lawyer as soon as possible.

Los Angeles Wrongful Termination FAQS

Q: What Kind of Evidence Can You Use to Prove Wrongful Termination Occurred?

A: The type of wrongful termination that took place will impact the types of evidence that are most effective in your case. For example, if your wrongful termination involved a contract violation, you should obtain a copy of that contract for your claim. If you believe your termination was based on discriminatory reasoning, you should collect performance reports, HR reports, and any other evidence that demonstrates poor behavior toward you or other protected employees.

Q: What Do You Do if You Think You Were Wrongfully Terminated in California?

A: Losing your job is overwhelming, especially if you were fired for discriminatory or illegal reasons. The first thing anyone should do when facing a wrongful termination case is to consult a lawyer. They can help you better understand if you have a substantial claim, how to file, and what damages you deserve to win. It’s incredibly important that you do not face your employer’s attorney without your own legal team to advocate for you.

Q: What Is a Whistleblower?

A: When an employee exposes illegal or illicit behavior occurring within a business, they are often referred to as a “whistleblower.” Whistleblowers frequently receive backlash when they expose their place of work, leaving them in a vulnerable position both legally and professionally. Luckily, it is illegal to fire an employee if they report illicit behavior, as it constitutes wrongful termination. Learn more about your rights as a whistleblower in California by consulting our firm.

Q: How Do You Choose the Right Lawyer for a Wrongful Termination Case in Los Angeles?

A: Taking legal action can be difficult for anyone, let alone for an employee trying to hold their employer accountable. To choose a lawyer who’s right for you and your case, it’s essential to find one with experience in employment law. Next, you can discuss your unique circumstances and determine if they have the skills to advocate for you properly in a wrongful termination case. At the Law Offices of Miguel S. Ramirez, we’re ready to fight for you.

Q: What Compensation Can You Receive in a Wrongful Termination Case in California?

A: If you win your wrongful termination case, you may receive one or more types of damages. Compensatory damages may include lost wages and benefits, loss of future wages, compensation for emotional suffering or distress, reinstatement of your job, coverage of attorney fees, and more. You may also receive punitive damages, which are payments designed to penalize an employer for their actions. These damages are awarded when the employer’s actions were particularly harmful.