There are numerous reasons why your employment may have been terminated but, if the reason given constitutes wrongful termination, you should seek legal representation from a Los Angeles wrongful termination attorney immediately. In legal terms, “wrongful termination” refers to any situation where an employer has discharged or fired an employee in a way which breached that employee’s legal rights. Before any dismissal can be shown to qualify as wrongful termination, evidence must be provided proving that at least one employment law was violated.
Under California law, which is applicable in Los Angeles, there are generally three forms of wrongful termination, namely a violation of statute, violation of public policy, or breach of contract. When you instruct a Los Angeles wrongful termination attorney to handle your case, we will ascertain which of these scenarios applies, before using this to determine the best way in which to proceed.
A Los Angeles wrongful termination attorney from JML Law has the in-depth knowledge of California employment law combined with the relevant experience required to provide the outstanding legal representation you need.
Types of Wrongful Termination in Los Angeles, California
The ways in which your employment may be terminated are numerous, as the specifics of each dismissal will be individual to that particular case. However, while the details may vary, the underlying reason qualifying you to file a wrongful termination lawsuit will fall into one of the following broad categories. In Los Angeles, and throughout California, it is unlawful to dismiss an employee based on:
- Age (where the employee is at least 40 years of age)
- Religion (including religious dress and grooming practices)
- Disability, whether mental or physical (including HIV and AIDS)
- Marital status
- Medical condition (including cancer and genetic characteristics)
- National origin (including language use restrictions)
- Sex (including pregnancy, childbirth, breastfeeding, and medical conditions relating to these)
- Gender identity
- Gender expression
- Sexual orientation
Wrongful termination lawsuits may also be filed in circumstances relating to:
- Violations of employment contracts
- Whistleblower cases
- Fraud or misrepresentation
- Termination to avoid paying lawful wages, commission, bonuses or benefits
- Retaliation, occurring as a result of an employee complaining about any of the above issues
The most recent statistics available – the EEOC 2017 Enforcement and Litigation Data – illustrate that retaliation was the leading cause of wrongful termination last year, followed by race and disability. If you are interested in the figures, here is a brief overview of how many wrongful termination cases fell into each of the above categories:
- Retaliation – 41,097, or 48.8% of all wrongful termination lawsuits
- Race – 28,528, or 33.9%
- Disability – 26,838, or 31.9%
- Sex – 25,605, or 30.4%
- Age – 18,376, or 21.8%
- National origin – 8,299, or 9.8%
- Religion – 3,436, or 4.1%
- Color – 3,240, or 3.8%
- Equal Pay Act – 996, or 1.2%
- Genetic information – 206, or 0.2%
Retaliation Accounts for Almost Half of Los Angeles Wrongful Termination Cases – Are You Affected?
Retaliation is, by far, the most common cause of wrongful termination in California, meaning it is highly likely that you may have experienced this behavior before being wrongfully dismissed from your job. As briefly outlined above, retaliation is a term used to describe any adverse actions or behavior which arise after an employee makes a complaint about discrimination or another violation of their employment rights. If you have complained about sexual harassment, unfair pay, gender discrimination, or another breach in the workplace, only to find yourself the victim of further harassment, a Los Angeles wrongful termination attorney could help you to recover damages in respect of your ordeal.
Some of the employment rights afforded to workers in California, a breach of which may have led to your initial complaint, include:
- Safety requirements, including OSHA and similar legislation
- Wages and working hour regulations
- Family or medical leave allowed under FMLA
- Freedom from any form of discrimination or harassment in the workplace
- Workers compensation benefits following an injury or illness resulting from your work
- Protection from any hazardous substances present in the workplace
Retaliatory behavior can take many forms, with some of those we regularly encounter as Los Angeles wrongful termination attorneys including:
- Demotion due to complaining about unacceptable behavior in the workplace
- Withdrawal of overtime
- Allocation of unfavorable tasks or shifts
- Hostile work environment
- Failure to provide training
- Failure to allow promotion or progression
- Allocation of a more physically demanding job without the associated pay increase
If you feel that you have been the target of retaliatory behavior, or that any of your employment rights have been violated, you should speak to a Los Angeles wrongful termination attorney immediately. At JML Law, each of our experienced lawyers are dedicated to working tirelessly to protect your legal rights, while recovering the full amount of compensation you are entitled to.
While we believe that it is best for all involved to reach a settlement without going to court, you can be confident that your JML Law Los Angeles wrongful termination attorney is willing and able to aggressively fight your case in court when required.
How a Los Angeles Wrongful Termination Attorney Could Benefit You
As California is an at-will state for matters of employment, many wrongfully terminated employees do not realize that their employer’s behavior has been unlawful. While employment-at-will means that employers have the right to terminate employment at any time, this is subject to the condition that their reason is not unlawful. The exceptions to employment-at-will include:
- Termination on the grounds of discrimination
- Termination as retaliation for reporting unlawful behavior
- Termination for whistleblowing about any breaches of legislation, including workplace health and safety
- Termination which violates the employee’s existing or implied employment contract
When you instruct a JML Law Los Angeles Wrongful Termination Attorney to handle your lawsuit, we will set to work investigating and studying all aspects of your case. Some of the criteria we will take into consideration when assessing your case could include:
- The number of years you were employed by the company in question
- Your prior performance, based on annual reviews and similar
- Company policies and procedures relating to termination and other relevant matters
To find out exactly how our years of experience could be used to recover the compensation and damages you deserve, schedule your initial consultation with our Los Angeles wrongful termination attorney by calling us today on 818-835-5735.
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