Los Angeles Wrongful Termination Attorney
If you are going through disputes in your workplace we understand it can become a stressful experience. Whether you are experiencing discrimination or failing to receive the appropriate wage, or being constantly harassed, it is imperative to speak up for your rights and hold your employer accountable.
In some instances, the outcome may result in the resolution of the issue, but in others, you may face serious consequences, such as a wrongful termination. Generally, when an employer unjustly or compulsorily fires or terminates the services of an employee, it is believed that the employee has a claim for wrongful termination against the employer. This is a wrong notion in California. California wrongful termination laws follow the “at will” employment doctrine. Although California is an "at-will" employment state, that does not give employers the right to terminate an at-will employee for an unlawful purpose. Fortunately, state and federal laws protect many workers from termination on the basis of discrimination, harassment or retaliation.
Have You Been Terminated?
According to this doctrine, an employer may freely terminate an employee despite not having just cause to do so and without warning in the absence of an employment contract. This is the same doctrine that allows employees to quit their jobs without reason or warning, usually without consequences. However, there are numerous exceptions to this doctrine. If the employee is able to bring his or her wrongful termination case within these exceptions, the employee may have a valid lawsuit against the employer.
If you or loved one you may be the victim of a wrongful termination, contact a Los Angeles wrongful termination lawyer at our lawyer referral service today get in contact with an experienced wrongful termination attorney today at 1-424-256-9055.
Our attorney members have successfully helped thousands of California employees gain legal resolutions for wrongful discharges. In some cases, a wrongful termination can be traced back to other employment law violations, such as discrimination at work, harassment or retaliation in whistle blowing cases.
Most employees that reside in the U.S. work at-will. In an at-will employment situation, an employer can fire an employee for any legal reason or no reason. However, at-will employees can't be fired for an unlawful reason. Unless an employee has a contract with their employer saying otherwise, most employees in most states are presumed to be at-will employees. Additionally, many employers state in their employee handbooks that employees work at-will.
There are several specific exceptions to the "employment-at-will" rules, including:
Termination for a discriminatory reason (gender, age, ethnicity, etc.) that is protected by law
Termination in retaliation for complaining of discrimination or harassment
Termination for whistleblowing about workplace health, safety or other violation(s) of law
Termination in violation of an existing or implied employment contract
If you are in an at-will state, such as California, you must have a viable legal theory that establishes a protected legal right. The law in this area is complex. However, an experienced wrongful termination attorney in Beverly Hills can help you determine whether the circumstances of your termination fall within an exception to the at-will employment rule. If they do, we can assist you with resolving your potential wrongful termination claim.
Although employers don't have to give any reason for firing an at-will employee, in many cases employers choose to give a reason. In such a case the termination is a termination "for cause."
Whistleblower retaliation is more common than many people realize. A majority of supervisors view reporting dangerous or illegal activities as disloyal and will demote or fire the reporting employee. Being a whistleblower is not an easy decision. However, there is sacrifice and risk that endures with it. That's why when you blow the whistle you want to know that you will be protected against retaliation.
There are federal and state laws, such as the Whistleblower Protection Act, which provide protection from whistleblower retaliation and give you the right to file a claim or lawsuit to enforce your rights.
Whistleblower retaliation occurs when you are discharged, demoted, suspended, threatened, intimidated, harassed, or subjected to a hostile work environment after engaging in a protected whistleblower activity.
Wrongful Termination Statistics
In 2017 the U.S. Equal Employment Opportunity Commission (EEOC) has announced that 84,254 workplace discrimination charges were filed with the federal agency nationwide during fiscal year (FY), and secured $398 million for victims in the private sector and state and local government workplaces through voluntary resolutions and litigation. The comprehensive enforcement and litigation statistics for FY, which ended Sept. 30, 2017, are posted on the agency's website.
The EEOC resolved 99,109 charges in FY 2017 and reduced the charge workload by 16.2 percent to 61,621, the lowest level of inventory in 10 years. The agency achieved this by deploying new strategies to more efficiently prioritize charges with merit, more quickly resolve investigations, and improve the agency's digital systems. The agency handled over 540,000 calls to its toll-free number and more than 155,000 inquiries in field offices, reflecting the significant public demand for the EEOC's services.
"Over the past year, the EEOC has remained steadfast in its commitment to its core values and mission: to vigorously enforce our nation's civil rights laws," said EEOC Acting Chair Victoria A. "The results for the last fiscal year demonstrate exactly that."
The FY 2017 data show that retaliation was the most frequently filed charge filed with the agency, followed by race and disability. The agency also received 6,696 sexual harassment charges and obtained $46.3 million in monetary benefits for victims of sexual harassment. Specifically, the charge numbers show the following breakdowns by bases alleged, in descending order:
Retaliation: 41,097 (48.8 percent of all charges filed)
Race: 28,528 (33.9 percent)
Disability: 26,838 (31.9 percent)
Sex: 25,605 (30.4 percent)
Age: 18,376 (21.8 percent)
National Origin: 8,299 (9.8 percent)
Religion: 3,436 (4.1 percent)
Color: 3,240 (3.8 percent)
Equal Pay Act: 996 (1.2 percent)
Genetic Information: 206 (.2 percent)
These percentages add up to more than 100 because some charges allege multiple bases.
EEOC legal staff filed 184 merits lawsuits alleging discrimination in fiscal year 2017. The lawsuits filed by the EEOC included 124 individual suits and 30 suits involving multiple victims or discriminatory policies and 30 systemic discrimination cases. At the end of the fiscal year, the EEOC had 242 cases on its active docket. The EEOC achieved a successful outcome in 90.8 percent of all suit resolutions.
If you were employed under an employment contract, your employer must have complied with the contract's provisions. If your contract explicitly lists reasons for which you may be fired, your employer can't fire you for a reason not included in the contract.
Most employees don't have written employment contracts. But if you do have a contract that limits the reasons for termination, any other reason for termination is a breach of the employment contract. An attorney can work with you to review your contract and determine if a stated reason for termination is contemplated by the contract.
In some cases, an employer's policies can provide discipline procedures. An attorney can work with you to determine if your employer had a discipline policy it failed to follow. In such a situation, your employer may have breached an implied contract.
If you were terminated due to stated performance problems, your attorney will be interested to learn whether other employees were terminated for the same stated performance problems. If not, your attorney will seek evidence that suggests your employer treated you differently based on a legally protected status, such as your gender, race, disability, ethnicity, age, or sexual orientation.
Your attorney will seek evidence proving that the stated reason for termination is false. A false reason for termination is referred to as a "pretext" when the employer uses it as a cover for the true, unlawful reason.
If during your employment you made a workplace complaint or "blew the whistle" on illegal activity at work, your attorney will advise you regarding a potential retaliation claim. If it is determined that the reported activity was not illegal, the reporting employee is still protected as along as the report was made in good faith.
In evaluating your case, your attorney will want to review any employer documentation that's available. This typically includes your employee file and any documentation referring to the reasons for your termination. If you were terminated for poor performance, your attorney will want to review any documents related to your performance during your employment and up until your termination. Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees.
If you were consistently rated highly during your employment but were fired for poor performance, your employer may have been covering for an unlawful reason of termination.
Your attorney will likely ask you whether there are witnesses with information relating to your performance and termination. Additionally, you and your attorney will review all relevant documents, employer policies, and employee handbooks.
In evaluating your case, your attorney will consider your financial losses. In a wrongful termination case, damages that a terminated employee may recover include lost pay, lost benefits, possible emotional distress damages, and potential punitive damages. Additionally, if you prevail against your employer you may be entitled to attorney's fees.
Fired Wrongfully? A Wrongful Termination Attorney Can Guide You!
Getting fired from a job can be devastating – especially when you feel you’ve been wrongfully terminated. If you are a victim of wrongful termination, your best option is consult with an wrongful termination attorney as soon as possible. According to wrongful termination laws, you may be eligible to receive compensation for back pay, punitive damages and attorney’s fees if your termination violated one or more of your legal rights. We can ensure you are matched with an experienced wrongful termination attorney who can assist you in determining if you have a case – and advise you how to proceed. Furthermore, you have nothing to lose. Because with our attorney members, You Don't Pay, Until you Win, or you Don’t Pay at All!
Our wrongful termination attorneys have represented people who have been unlawfully fired because of:
Discrimination based on race, gender, national origin, sexual orientation or religion
Refusing to perform an illegal or unsafe act
Taking a pregnancy, family or medical leave
Exercising union rights
If you obtained a contract with a company and the stipulations in that contract were breached as an outcome of your termination, you could also be eligible for compensation. In addition, if a company violated its own policies by terminating you, employment laws could protect your rights. It’s always wise to talk with a wrongful termination lawyer right away.
Our Wrongful Termination Lawyers are ready to assist you 24/7, 365 days a week. Call us and we’ll connect you with an experienced Wrongful Termination Lawyer in no time: Call for FREE CONSULTATION at 1-424-256-9055.
3 Vital Steps in Filing Wrongful Termination Lawsuit
The proof is in the pudding in a wrongful termination lawsuit. We know the tragedy of being a victim of wrongful termination, and we know there are some things you can do to protect yourself. Here are three vital signs to take into consideration:
Documentation is vital. This is critical in cases of discrimination, harassment, and retaliation. The more proof you can provide, the more merit you have. Having a running list of names, , voice message, text and dates, is crucial to for the details of your case. Also make copies of emails or other types of written correspondence that are direct evident of unlawful behavior.
Don’t throw away your employee manual – keep it in a safe place. If and when you are ever terminated, be sure to take it home with you.
Frequently ask to see your personnel file. In most states, your employer is required by law to give you access to your file. Make copies of the documentation contained within the file, and keep a running list of the types of documents.
Your Wrongful Termination Lawyer will fill you in on other forms of evidence that you need to collect and provide. Find out more by calling 1-424-256-9055.
When hiring a Wrongful Termination Lawyer it’s important to find an aggressive attorney that is skilled to negotiate on your behalf. Let us connect you with one who has a proven track record of success – and who will work for you on a contingency basis so that you pay nothing unless you win. We’re here for you 24/7, 365 days a year. Remember, You Don't Pay, Until you Win, or you Don’t Pay at All!
Call now for your free initial consultation today at 1-424-256-9055. We can also assist you with Spanish.
We Fight To Recover Your Remedies
Based on the specifications of your case - the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
You Don’t Pay Until You Win.
Contact a Los Angeles Wrongful Termination Lawyer to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Wrongful Termination Lawyer in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
Lawyer Referral Service Los Angeles
If you are in a need a Beverly Hills Wrongful Termination Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Wrongful Termination lawyer in Los Angeles today. Our experienced Wrongful Termination lawyers in Los Angeles will help you overcome your Wrongful Termination Injury or damage.
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