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 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 unlawful termination lawyer 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.
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 Wrongful Termination lawyer 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 818-610-8800.
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)
Medical condition (including cancer and genetic characteristics)
National origin (including language use restrictions)
Sex (including pregnancy, childbirth, breastfeeding, and medical conditions relating to these)
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 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, and unfair 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
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 wrongful termination attorney Los Angeles 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 wrongful dismissal attorney is willing and able to aggressively fight your case in court when required.
Types Of Compensation Available For A Wrongful Termination Case In Los Angeles
If you or a loved one have been wrongfully terminated, you may be entitled to various types of compensation if your case is successful. This can include the following:
Both front and back pay
Possible reinstatement to your job
Possible promotion to a new position
Court costs and legal fees
Pain and suffering damages
Possible punitive damages against the employer
The total amount of compensation awarded in these cases will vary depending on the factors related to each particular situation. A skilled Los Angeles wrongful death attorney will use their resources and legal expertise to conduct a complete investigation into the claim and properly calculate your losses.
How Long Do You Have To File A Wrongful Termination Case In Los Angeles?
It is crucial that you contact an attorney to help you with your wrongful termination case as soon as possible. Each state is responsible for setting time limits for how long wrongful termination victims have to file a civil lawsuit. In California, the wrongful termination statute of limitations will vary depending on the actual alleged cause of the termination. For wrongful terminations that occurred as a violation of public policy, the terminated employee will have two years to file their lawsuit against the employer. For wrongful termination that occurred as a result of discrimination or harassment, the terminated employee will have to abide by various deadlines. In general, these claims can be filed under two laws:
Federal Civil Rights Act of 1964. For most federal discrimination cases, terminated employees have 180 days from the date of the termination to file a charge with the Equal Employment Opportunity Commission (EEOC).
State law, usually under California’s Fair Employment and Housing Act (FEHA). If there is an applicable state or local agency available for terminated employees to turn to, including the Department of Fair Employment and Housing (DFEH) in California, then the claim must be filed within 300 days from the date of termination.
If federal or state agencies do not resolve the issue in the desired manner, they will issue a notice of right to sue to the terminated employee. After this notice has been issued, the terminated employee will have 90 days to file their civil claim in court.
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