Westwood Wrongful Termination Lawyer

Westwood Wrongful Termination Attorney

Sudden job loss can have tremendous ramifications for your livelihood and your career prospects. When the end of employment is the result of wrongful termination, it can leave you feeling devastated and powerless. If you or your loved one has been impacted by an unjustified job loss, a Westwood wrongful termination lawyer can assist you in understanding what your next steps should be.

Serving clients in the Los Angeles, CA, area, including communities in Westwood, the Law Offices of Miguel S. Ramirez is equipped to handle cases of employment discrimination and unlawful employment practices, including those where wrongful termination is alleged. Our knowledgeable and determined legal team does not rest until we can provide the most optimal resolution to a client’s case.

What Is Wrongful Termination in California?

As an at-will employment state, California affords both employers and employees the ability to end their employment relationship at any time, for almost any reason or no reason. Wrongful termination does not apply to at-will employment relationships where a person is fired for adequate reasons, including poor job performance or changing business needs.

The law provides that firing an employee for specific illegal reasons may constitute wrongful termination.

Wrongful Termination Based on a Protected Status

Based on the guidelines of the Equal Employment Opportunity Commission (EEOC), it is considered an act of wrongful termination if an employee is fired because they belong to a protected class. Protected classes under federal and California law include:

• Race
• Sex
• National origin
• Color
• Disability
• Religion
• Veteran status

Some examples include firing a person due to pregnancy, being a member of the LGBTQ+ community (sex discrimination), or practicing a specific religion.

Wrongful Termination for Participating in a Protected Activity

Being fired for participating in a protected activity is also considered wrongful termination. Protected activities encompass a number of actions. Among them are whistleblowing and exposing your employer’s willful violation of the law. You are also protected from retaliation if you have filed or participated in a discrimination case against your employer.

Other acts like discussing your wages with colleagues and engaging in political activities outside of your hours of work are protected too, and you may not be legally fired on the basis of these types of actions.

Wrongful Termination After Requesting Your Legal Rights

Letting go of an employee for requesting access to their rights under California and federal law is illegal. Labor laws provide rights to employees, including time for breaks, time off for vacation, sick time, jury duty, or FMLA leave.

You are also legally assured the right to work in a safe environment, and calling the attention of your employer to safety or health related violations in the workplace should not put your job at risk.

Working With a Qualified Westwood Wrongful Termination Lawyer

The success of a wrongful termination case hinges on the guidance of a skilled Westwood wrongful termination attorney who has managed these types of cases with frequency and success. Proving that your firing was due to illegal reasons is easier said than done. Employers in an at-will state have protections, and it is important to provide sufficient evidence of your wrongful termination.

A trusted attorney in Westwood can work hard to build a solid case with supporting evidence and witnesses who can attest to your firing being a result of discrimination or retaliation. With their help, you can determine which legal avenue to pursue since multiple agencies are involved, and not all of them handle all types of wrongful termination cases.

Wrongful termination claims must be filed with either the Equal Employment Opportunity Commission (EEOC), California’s Department of Labor Relations, or California’s Occupational Safety and Health Agency (OSHA), depending on the suspected reason behind the alleged wrongful termination.

In some cases, when you have not submitted a claim in accordance with either agency’s timeline for reporting, you may bring the case directly to a California court. Reaching out to an employment discrimination lawyer is an important step in holding your former employer accountable and receiving compensation for lost wages and benefits following a termination.

FAQs

Q: How To Sue for Wrongful Termination in California?

A: To sue for wrongful termination in California, you must first file a complaint with the appropriate entity. Depending on the reason behind the wrongful termination, you may file a complaint with the EEOC, OSHA, or California’s Department of Labor Relations. Speak with a knowledgeable California wrongful termination attorney to know the next steps.

Q: How Much Is a Wrongful Termination Case Worth in California?

A: The range of wrongful termination damages following success in a case varies widely in California. A person may be entitled to lost wages, reinstatement, and payment of attorney and court fees. In some cases, where the alleged illegal activities may have led to emotional damages or more grave consequences, you may be entitled to a larger sum beyond lost wages.

Q: Is It Difficult to Prove Wrongful Termination?

A: It may not be very simple to prove wrongful termination in California. As an at-will employment state, California permits employers to terminate an employee at any time and for almost any reason. To prove wrongful termination in California, you must show that the reason behind your termination was illegal. This includes firing based on discrimination or participation in a protected activity.

Q: How Long Does It Take to Resolve a Wrongful Termination Case in California?

A:  The duration of a wrongful termination case in California depends on how your case is filed. Filing an administrative complaint through the EEOC, the Department of Labor Relations, or OSHA may take several months. The timeline for a case through the courts, if you are given the right to sue, varies depending on the court’s schedule. Contact a wrongful termination attorney who has years of practice in your area to learn more about prospective time frames.