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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Wrongful termination is when an employee is dismissed from their employment for illegal reasons or if the dismissal breaches one or more terms of the employment contract. The United States, and indeed California, primarily operate on an "at-will" employment basis, which means that employers can terminate employees at any time for any reason. However, there are several major exceptions to this. In Los Angeles, these exceptions extend not only to Federal laws but also those specifically established in the State of California.
Situation when you may need a lawyer to help with wrongful termination in Los Angeles include when you believe you've been fired for discriminatory reasons such as age, gender, race, religion, or disability. You might also need a lawyer if you've been terminated in retaliation for reporting a workplace problem, voicing concerns over safety practices, or whistleblowing. Legal assistance can also prove valuable if the terms of your employment contract have been breached or if you were fired after taking leave to which you’re entitled – such as sick leave or maternity leave.
In Los Angeles, California, there are ample legal protections that specifically address wrongful terminations. Major examples include the California Fair Employment and Housing Act (FEHA) which prohibits discrimination based on various factors such as age, race, sexual orientation, gender identity, religion, medical condition, or disability. Furthermore, the California Family Rights Act (CFRA) outlines entitlements for medical leave and the way such leave must be handled, while the California Labor Code offers protections for whistleblowing activities.
In Los Angeles, if you believe you have been wrongfully fired, you have the right to file a complaint with agencies like the Department of Fair Employment and Housing or you may sue your employer in civil court.
Generally, you have up to three years from the date of the wrongful termination to bring a claim under California law.
Damages in a wrongful termination case can include lost wages, emotional distress, punitive damages, and attorney's fees.
Though not required, it’s generally advisable to have a lawyer. A skilled employment attorney can ensure your rights are protected, guide you through the process, and maximize the chances of winning your case.
Though "at-will" employment allows a company to fire you without requiring a reason, they cannot fire you for any reason that contravenes federal or California State law. These illegal reasons include discrimination, retaliation, or breach of contractual terms.
The California Department of Fair Employment and Housing, the U.S. Equal Employment Opportunity Commission, and the California Labor Commission's Office are all excellent resources for further information on wrongful termination. Joining professional or trade unions can also be beneficial, as they often provide legal support services to members.
If you suspect you have been wrongfully terminated, you should immediately consult an experienced employment attorney. Gather all communication, documents, and evidence related to your termination and make sure to bring them during your consultation. It’s important to act promptly as there are statutes of limitations to consider.
