Losing your job is never easy, but when it happens under unjust or unlawful circumstances, it can feel downright overwhelming. After all, facing wrongful termination isn’t just about losing a job – it’s a violation of your dignity, stability, and legal rights.
At Allred, Maroko & Goldberg, we understand how deeply a wrongful termination can impact your life and those you love. That’s why our knowledgeable employee rights attorneys are dedicated to fighting for your dignity, justice, and peace of mind. If you’re ready to learn how to protect your rights under California employment law, keep reading.
Navigating Your Los Angeles Wrongful Termination Claim
California is an at-will employment state. Under this principle, employers can generally terminate employees without cause. However, there are exceptions to this rule, especially when the termination is based on unlawful reasons, such as discrimination based on protected characteristics or retaliation.
When an employer fires an employee for reasons that violate state or federal laws, employment contracts, or public policy, this is called “wrongful termination.” Yet, in Los Angeles, a city with a diverse and bustling workforce, wrongful termination can happen for reasons that aren’t always easy to identify.
Below, we’ll review several common wrongful termination grounds. Then, we’ll consider steps you can take when navigating the claims process.
The Federal Family and Medical Leave Act’s (FMLA) Impact on Wrongful Termination Cases in California
Federal and state laws safeguard employees from retaliation, ensuring job security during and after leave. Specifically, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) protect employees who need time off for medical leave or family-related reasons.
The Family and Medical Leave Act covers:
- Taking medical leave for a serious health condition
- Caring for a spouse, child, or parent with a health condition
- Maternity or paternity leave
Similarly, the California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child. In addition, California law requires covered employers to provide employees disabled by pregnancy, childbirth, or a related medical condition with unpaid, job-protected leave (PDL) and/or accommodations. The law also requires covered employers to grant eligible employees’ request for up to 5 days of bereavement leave upon the death of certain family members.
If an employer terminates you in retaliation for taking FMLA or CFRA leave, you may have grounds for filing a wrongful termination lawsuit.
Ageism in Los Angeles Wrongful Termination Lawsuits
Under California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA), workers of 40 years or older are protected from unfair age bias.
Wrongful termination based on ageism often happens subtly but can also be quite brazen, such as by forcing you into “retirement” or hiring a younger replacement who has “fresher perspectives and new ideas.” According to the AARP, 1 in 5 adults over 50 years of age reported experiencing age-related discrimination since turning 40.
At Allred, Maroko & Goldberg, our skilled age discrimination attorneys can help you understand your legal options if this played a role in your being illegally fired.
Wrongfully Terminated for Los Angeles Labor Union Activities
Employees who participate in labor unions or engage in organizing efforts are protected under California law and the National Labor Relations Act (NLRA). Employers must respect their employees’ right to participate in union activities.
Companies cannot retaliate against workers who advocate for better wages, benefits, and working conditions through union involvement. The law also provides protection from retaliation for participating in:
- Strikes
- Negotiations
- Other collective bargaining activities
Additionally, under the California Worker Freedom from Employer Intimidation Act, employers cannot:
- Force participation in labor union activities
- Mandate attendance of meetings regarding the support or opposing of union activities
- Require employees to listen to the employer’s opinions on religion, labor union activities, or politics
- Retaliate, harass, threaten, fire, or act adversely in some other way against employees for refusing to participate in or attend union activities
Political Beliefs and Los Angeles Wrongful Termination Cases
California law generally protects employees from being fired due to their:
- Political beliefs
- Political activities
- Political affiliations
This protection applies regardless of whether an employee’s stance aligns with or opposes the employer’s views.
Under California Labor Code section 1101 and section 1102, employers cannot:
- Coerce employees to adopt a specific political stance
- Create rules preventing workers from participating in political rallies, protests, or campaigns
- Forbid workers from membership in a political organization
- Prohibit workers from advocacy for or against specific policies or candidates
California law generally protects both public and private expressions of political beliefs. It also protects an employee’s refusal to engage in politics. This right is protected as long as he or she acts lawfully and this stance does not interfere with work duties.
Religious Discrimination Under Federal and California Employment Laws
Terminating employees because of their religious beliefs is prohibited under both federal and state laws. Consider, for example, the California Fair Employment Housing Act, the Workplace Religious Freedom Act of 2012, and Title VII of the Civil Rights Act of 1964.
These laws:
- Prohibit employers from firing employees for religious reasons
- Mandate reasonable accommodations for religious practices
- Forbid termination for requesting time off for religious observances
Religious attire often becomes a point of contention. Employers act unlawfully by prohibiting hijabs, turbans, or other faith-based clothing unless they can prove an undue hardship – a standard that is rarely met.
Sexual Identity and Orientation Protections Under California Employment Law
LGBTQIA+ individuals face unique challenges in the workplace, ranging from microaggressions to outright termination. Statistics from the Human Rights Campaign reveal that 40 percent of LGBTQIA+ workers conceal their identities at work due to fear of discrimination. These fears may be well-founded, as nearly 1 in 10 LGBTQIA+ employees has experienced workplace discrimination in 2021, according to one source.
The landmark Supreme Court decision in Bostock v. Clayton County (2020) affirmed that Title VII protects employees from discrimination based on sexual orientation and gender identity. California’s FEHA further strengthens these protections, making it one of the most inclusive states for LGBTQIA+ workers.
Citizenship, Nationality, and Cultural Discrimination
California’s workforce is one of the most diverse in the nation, yet discrimination based on citizenship, nationality, or culture remains prevalent. Such discrimination is a violation of California laws, regardless of the immigration status of workers.
Additionally, the Immigration and Nationality Act (INA) protects workers from being treated unfavorably or fired due to:
- Citizenship status
- Nationality or ethnicity
- Unfair documentary practices of legal non-citizen workers (including lawful permanent residents or work visa holders)
Disability Discrimination and California Wrongful Termination Law
California law prohibits employers from terminating employees based on medical conditions, including chronic illnesses such as:
- Diabetes
- Cancer
- Conditions like HIV/AIDS
Key protections include the right to request reasonable accommodations to manage a medical condition, such as flexible work hours or modifications to job duties. Employers have a legal obligation under the FEHA to engage in the interactive process once they are on notice that you need an accommodation.
Under the FEHA, employers cannot make hiring or firing decisions based on assumptions or perceptions about an individual’s health.
Active-Duty or Veteran Status and Wrongful Termination
Discrimination against veterans or active-duty service members is unlawful under federal law (the Uniformed Services Employment and Reemployment Rights Act) and the FEHA. California law ensures that veterans are not terminated due to their military service or obligations.
Employers must respect the rights of employees who are veterans and cannot use their service history as a basis for termination. The path to justice differs for active-duty service members, but their rights are equally protected under both state and federal laws.
Fired After Filing Workers’ Compensation? Your Rights Under California Law
All California employers must carry workers’ compensation insurance. Employees injured on the job have the right to file workers’ compensation claims without fear of retaliation. Wrongful termination occurs if an employer terminates an employee for requesting workers’ compensation claim forms or benefits.
Fair Pay Retaliation and Wrongful Termination in California
For some, work is simply a “means to an end,” or a temporary stopover, in their career journey. For others, their job is their life purpose. No matter where you fall on the sliding scale of work enjoyment, you deserve to reap the benefits of your hard work through fair compensation. California’s prohibition against unequal pay is codified in California Labor Code section 1197.5. Further, Los Angeles workers have the legal right to request fair pay without fear of retaliation or termination.
What if you were fired for requesting fair pay? A thorough investigation would likely determine whether your employer violated your rights under California labor laws, which is possibly grounds for a wrongful termination lawsuit.
Constructively Discharged? You May Have a Los Angeles Wrongful Termination Claim
Constructive discharge occurs when an employer’s actions create intolerable working conditions, effectively forcing the employee to resign.
Constructive discharge often involves:
- Unlawful discrimination or harassment based on a protected characteristic such as race, gender, or sex (including sexual orientation)
- Failure to address unsafe working conditions
- Being forced to continue working under the supervision of your sexual harasser
- Retaliation for engaging in protected activity such as reporting illegal activities
Depending on the circumstances, you may be able to successfully bring a constructive wrongful termination lawsuit.
Building a Legal Claim With a Los Angeles Wrongful Termination Attorney
We have considered just a few of the many legal protections against workplace discrimination and wrongful termination. Still, many face unjust discrimination and unlawful termination.
To seek justice, victims of workplace discrimination or retaliation must first navigate an administrative process. This process begins with filing a complaint with the CRD or other appropriate government entity.
It’s always wise to seek legal advice from an experienced employment attorney. They can help you determine which course of action is best for your case. Additionally, be sure to take the following steps:
-
Carefully document your potential wrongful termination claim
Create a chronology of events memorializing what happened leading up to your termination. Gathering evidence is one of the most crucial steps in building a wrongful termination claim. Start collecting documentation as soon as you suspect something is amiss.
Potential evidence includes:
- Employment records: Obtain a copy of your employment contract, offer letter, and employee handbook to understand company policies and whether your termination violated them
- Termination notice: If you received a termination letter or email, keep a copy for your records
- Performance reviews: Gather recent performance evaluations to demonstrate your work history and refute claims of poor performance – if that’s cited as the reason for your termination
- Written communications: Save all emails, text messages, and memos that might suggest discrimination, retaliation, or unfair treatment leading up to your termination
- Witness statements: Identify coworkers or others who may have witnessed discriminatory or retaliatory behavior
-
Options to pursue a wrongful termination claim
To pursue a wrongful termination claim in California, you may file a lawsuit or try to negotiate a confidential, pre-litigation settlement of your claims. Regardless of what option you pursue, it is a good idea to consult with or retain an attorney who is both skilled in handling wrongful termination claims and knowledgeable in navigating the courts. They can help you meet any potential filing deadlines.
Another option you have is to file a complaint with the appropriate government agency (such as the California Civil Rights Division (CRD) or the federal Equal Employment Opportunity Commission) to request that agency to investigate your complaint. You may file a complaint with the appropriate government agency without the assistance of an attorney.
If you decide to pursue a lawsuit against your former employer for violations of the FEHA, you must obtain a “Right-to-Sue notice” from the appropriate government agency. This document permits you to file a lawsuit in civil court. If you obtain a “Right-to-sue notice” from the CRD, you must file your complaint within 1 year of receipt of the notice.
Victims of wrongful termination may receive several types of damages, including:
- Lost wages and benefits: Reimbursement for your lost past and future income, including wages, commissions, and benefits like health insurance or retirement contributions
- Emotional distress: Being fired unjustly can take a toll on your mental health; you may be compensated for the anxiety, stress, or emotional pain caused by your employer’s actions
- Punitive damages: If your employer acted with malice, oppression, or fraud, the court may award punitive damages to send a strong message to the public to deter against engaging in similar despicable behavior
An experienced wrongful termination attorney can evaluate your case, help gather evidence, and guide you through the legal process.
Know Your Rights and Seek Justice If You Feel You Were Wrongfully Terminated
No one should endure the indignity of wrongful termination. California’s robust legal framework, supported by federal statutes, ensures that victims of discrimination and retaliation have avenues to seek justice. Whether targeted for your sexual orientation, race, national origin and ancestry, sex, gender, gender identity, disability, religion, political activity, cultural background, citizenship, or age, you have the right to fight back.
At its heart, challenging wrongful termination is about affirming the dignity and worth of every individual. By seeking justice, victims contribute to building workplace cultures where fairness and equality thrive.
Have you or someone you know been wrongfully terminated? Discuss your potential legal claim with the dedicated employee rights attorneys at Allred, Maroko & Goldberg. Contact us today to schedule a free consultation. With years of experience and a track record of success in wrongful termination cases and other employment and civil rights matters, we stand ready to fight for you.