Wrongful Termination Lawyer in Los Angeles, CA

The employment law offices of Allred, Maroko & Goldberg receive numerous calls each day from individuals who have lost their jobs and believe that they have been fired unfairly. The immediate and natural reaction to file a complaint must be tempered with the fact that California is an “at-will” employment state.

Understanding Wrongful Termination in California

In California, wrongful termination occurs when an employer unlawfully dismisses an employee in violation of state or federal laws, public policy, or the terms of an employment contract. While California is an “at-will” employment state—meaning employers can terminate employees at any time for any reason not prohibited by law—there are critical exceptions to this doctrine. Recognizing these exceptions is essential for both employees and employers to ensure compliance with employment laws.

What Is Employment at Will?

Employment at will is a legal doctrine that allows employers to terminate employees at any time, for any reason, or for no reason at all—provided the termination does not violate state or federal laws. Similarly, employees are free to quit their job at any time without providing a reason.

Exceptions to At-Will Employment

1. Discrimination: Terminating an employee based on protected characteristics such as race, gender, age, religion, national origin, disability, or sexual orientation is illegal under both federal and California law. The California Fair Employment and Housing Act (FEHA) specifically prohibits such discriminatory practices.
2. Retaliation: Employers cannot legally fire employees for engaging in protected activities, including:
   • Filing complaints about workplace discrimination or harassment.
   • Reporting safety violations or illegal conduct to authorities.
   • Participating in investigations or whistleblowing activities.

   Retaliatory termination in these contexts constitutes wrongful termination.

3. Breach of Contract: If an employment agreement—written, oral, or implied—exists stipulating that an employee cannot be terminated without just cause, dismissing the employee without such cause may be considered wrongful termination.
4. Violation of Public Policy: Terminating an employee for reasons that contravene fundamental public policies, such as firing someone for taking time off to vote or serve on a jury, is unlawful.

We have represented hundreds of employees who have been wrongfully terminated for things such as protesting against their boss’ sexual harassment, complaining about wage and hour violations, and questioning their company’s engagement in unlawful business practices.

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 complicated. However, our firm 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.

Identifying Wrongful Termination

Determining whether a dismissal qualifies as wrongful termination involves assessing the circumstances surrounding the termination. Key indicators include:

• Inconsistent Reasons for Termination: If an employer provides shifting or unclear reasons for the dismissal, it may suggest a pretext for an unlawful motive.
• Timing of Termination: If the termination occurs shortly after the employee engaged in a protected activity, it could indicate retaliation.
• Differential Treatment: If similar infractions by other employees did not result in termination, it might reflect discriminatory practices.

Steps to Take if You Suspect Wrongful Termination

1. Document Everything: Maintain records of performance reviews, correspondence, and any incidents leading up to the termination.
2. Request a Reason for Termination: Ask your employer to provide a written explanation for your dismissal.
3. Consult with a Wrongful Termination Attorney: An experienced attorney can evaluate your case, advise you on your rights, and guide you through the legal process.

Filing a Wrongful Termination Claim

To pursue a wrongful termination claim in California, consider the following steps:

1. File a Complaint with the Appropriate Agency: Depending on the nature of the wrongful termination, you may need to file a complaint with a government agency before pursuing a lawsuit. For claims involving discrimination or retaliation, you would typically file with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC).
   California Employment Attorneys
2. Adhere to Statutory Deadlines: Be mindful of the statute of limitations for filing a wrongful termination lawsuit, which varies depending on the basis of the claim. For example, claims under the California Fair Employment and Housing Act (FEHA) generally have a three-year statute of limitations.
   Eldessouky Law
3. Seek Legal Representation: Engaging a knowledgeable wrongful termination lawyer can significantly enhance your ability to navigate the complexities of employment law and build a compelling case.

Potential Remedies

Successful wrongful termination claims may result in various forms of relief, including:

• Reinstatement: Being rehired to your former position.
• Compensatory Damages: Recovery of lost wages and benefits.
• Emotional Distress Damages: Compensation for mental anguish suffered due to the termination.
• Punitive Damages: In cases involving egregious conduct by the employer, additional damages may be awarded to punish and deter such behavior.
• Attorney’s Fees and Court Costs: Reimbursement for legal expenses incurred during the lawsuit.

Protecting the Rights of California Employees, One Client at a Time

Allred, Maroko & Goldberg helps employees in California, New York, and across the nation recover compensation, benefits, and professional standing. If you believe your firing was unfair, it may be illegal.

What Options Do Wrongfully Terminated Employees Have?

Employees who are victims of wrongful termination have several options. One is to file a complaint with the appropriate government agency such as the Equal Employment Opportunity Commission (EEOC) and your state’s equivalent government agency. Based on careful investigation and application of state law, the employee may also have recourse in a wrongful termination lawsuit.

An attorney from Allred, Maroko & Goldberg can evaluate your situation and make recommendations based on more than our expertise in negotiating and litigating these specific types of cases. When evaluating a case, our attorneys consider things such as:

• Number of years employed with the company
• Performance based on positive evaluations, promotions, salary raises and bonuses
• Existing company policies, written or oral, describing disciplinary and termination procedures
• Other relevant criteria

You will receive an honest assessment of your situation and legal options. Once a determination is made, our lawyers will assist you in taking the next steps toward protecting your rights.

Contact Us If You Lost Your Job Due to Wrongful Termination

Speak to an employment lawyer about your rights and options relating to your termination. Our staff is available today at 323-746-1853 in Los Angeles or 646-992-2184 in New York to screen your case and make an appointment with the appropriate attorney.