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Browse our 1 legal question about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Thank you and best regards, Kingsley Izimah, Esq. SK Solicitors
Read full answerWrongful termination refers to an employer firing an employee in violation of federal, state, or local laws, or in breach of an employment contract or public policy. In Palos Verdes Estates you are covered primarily by California state law and federal law. California is generally an at-will employment state, which means an employer can terminate an employee for any lawful reason or for no reason at all. However, there are many important exceptions that make a termination wrongful - for example if it is based on unlawful discrimination, retaliation for protected activity, a breach of contract, or a termination that violates public policy.
Because Palos Verdes Estates is located in Los Angeles County, enforcement of labor and anti-discrimination laws follows California statutes and regulations, with federal laws applying as well. Local city ordinances rarely create separate wrongful termination rules beyond state and federal protections, but local government and community practices may affect how cases are handled and which resources are most accessible.
Wrongful termination cases often involve complex legal standards, tight deadlines, and multiple possible claims. You may need a lawyer if your termination involves discrimination - for example based on race, sex, gender identity, sexual orientation, religion, national origin, age, disability, pregnancy, or veteran status. A lawyer is also important if you believe you were fired in retaliation for complaining about harassment, reporting safety or wage violations, taking protected leave such as under FMLA or California Family Rights Act, or for whistleblowing.
Other common scenarios that call for legal help include alleged breaches of written or implied employment contracts, promised bonuses or severance that were not paid, improper denial of unemployment or workers compensation benefits, and mass layoffs that may trigger notice requirements under state or federal WARN laws. An attorney can evaluate which claims are available, preserve evidence, advise on the best administrative filings, negotiate severance or settlement, and represent you in court if necessary.
Key legal frameworks relevant in Palos Verdes Estates include federal laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and the federal WARN Act. At the state level California provides broader protections through the Fair Employment and Housing Act - commonly called FEHA - which prohibits employment discrimination and harassment and offers stronger remedies and broader coverage than federal law in some areas.
California also has the California Family Rights Act - CFRA - and state-level wage and hour protections enforced by the California Labor Commissioner. California law recognizes exceptions to the at-will doctrine - including public policy exceptions, implied contract claims, and covenants of good faith and fair dealing in some circumstances. California enforces stricter rules for wrongful termination tied to protected leave, whistleblowing, and retaliation for reporting unlawful conduct. There is also a state WARN law that can apply when many employees are laid off at once.
Local municipal ordinances in Palos Verdes Estates typically do not create separate wrongful termination regimes, so most claims proceed under California and federal law. However, local resources such as county agencies and bar associations can help you find legal support and file administrative complaints with the appropriate state or federal agencies.
Wrongful termination generally means being fired for reasons that violate the law or a contractual agreement. Typical examples include termination based on protected characteristics, retaliation for protected activity, firing that breaches an employment contract or severance agreement, and termination that violates public policy. The specific legal theory depends on the facts of your case.
Yes - California is an at-will employment state, meaning employers can generally terminate employees without cause. However, many exceptions limit that rule, including laws prohibiting discrimination and retaliation, contractual promises, and public policy protections. If your firing falls under one of these exceptions it may be wrongful.
Protected activities include reporting or opposing discrimination or harassment, filing complaints about wage and hour or safety violations, taking protected medical or family leave, reporting illegal conduct as a whistleblower, or participating in an investigation. Employers cannot lawfully terminate employees for engaging in these protected actions.
Act quickly. Administrative filing deadlines and statutes of limitation vary by claim. For federal discrimination claims you typically have 180 days to file with the EEOC - sometimes 300 days if a state agency handles the charge. For California FEHA claims you generally must file a complaint with the state agency within a shorter period, so prompt action is critical. Contract claims and other civil claims also have specific deadlines. Consult an attorney or agency promptly to avoid losing your rights.
Possible remedies include back pay for lost wages, front pay for future lost earnings, reinstatement to your job in some cases, compensatory damages for emotional distress, punitive damages if the employer acted with malice or reckless indifference, and recovery of attorney fees and costs. The exact remedies depend on the legal claims and the facts.
Often yes for discrimination claims. Many claims require filing an administrative charge first - for example with the California Department of Fair Employment and Housing or with the federal Equal Employment Opportunity Commission. These agencies may investigate and issue a right-to-sue notice before a civil lawsuit can proceed. Other claims, such as certain breach of contract suits, may permit direct filing in court without an agency step.
Unless you have a contract or company policy that promises severance, employers are generally not required to provide severance pay. If severance was promised in a written agreement or implied by employer practice, you may have a contract claim. An attorney can help evaluate whether an employer has a legal obligation to pay severance.
Document everything - get written notice of the termination if you can, keep copies of performance reviews, emails, messages, and any communications related to the firing. Note names of witnesses and dates of key events. Apply for unemployment benefits if eligible, and consult an employment attorney to understand your options. Avoid destroying evidence or posting detailed claims on public forums that could complicate legal strategy.
No. Retaliation - such as further adverse actions after you file a complaint or participate in an investigation - is illegal under federal and state law. If you experience retaliation you should report it promptly to the agency handling your complaint and to an attorney.
Many employment lawyers handle wrongful termination cases on a contingency-fee basis - meaning they are paid a percentage of any recovery and charge nothing upfront. Other attorneys may charge hourly or flat fees for consultations or limited services. Discuss fee arrangements and fee-shifting rules - some laws allow prevailing plaintiffs to recover attorney fees from the employer - during your initial consultation.
Helpful organizations and agencies include the California Department of Fair Employment and Housing - for state discrimination and harassment claims, the U.S. Equal Employment Opportunity Commission - for federal discrimination claims, the California Labor Commissioner Division of Labor Standards Enforcement - for wage and hour and labor law issues, and the U.S. Department of Labor - for federal wage and leave issues. The California Employment Development Department handles unemployment insurance claims. For local legal help consider contacting the Los Angeles County Bar Association lawyer referral service, the California State Bar for attorney licensing and discipline information, or local legal aid organizations that provide low-cost or free assistance.
Nonprofit legal services in the Los Angeles area can assist eligible individuals. Professional mediators and arbitration services can also be useful if your separation agreement requires ADR. If your case involves a union, contact your union representative promptly for contractual protections and grievance procedures.
1. Preserve evidence - save emails, performance reviews, termination notices, pay records, and any messages related to your employment and dismissal. Write a timeline of events and identify witnesses.
2. Apply for unemployment benefits if you qualify. Filing does not prevent you from pursuing a legal claim, but it can provide financial relief while you seek legal advice.
3. Consider filing an administrative charge - for example with the California Department of Fair Employment and Housing or the EEOC - if your claim involves discrimination or retaliation. Deadlines can be short, so do not delay.
4. Consult an employment attorney for a case evaluation. Bring all documentation to your consultation and ask about likely claims, potential remedies, deadlines, and fee arrangements. If cost is a concern, ask about contingency-fee options or whether local legal aid can assist.
5. Explore negotiation and alternative dispute resolution - many wrongful termination matters are resolved through settlement, mediation, or arbitration. Your lawyer can negotiate severance, back pay, and non-monetary remedies such as references or reinstatement where appropriate.
Taking prompt, organized steps increases your chances of a favorable outcome. If you are unsure where to start, contacting a local employment attorney or one of the agencies listed above is a practical first move.
