Los Angeles Wrongful Termination Lawyer

Losing your job can be an upsetting and traumatic experience. What is even more upsetting is when you are wrongfully terminated. Employers have a right to make personnel changes for business purposes. However, they do not have the right to wrongfully terminate an employee for inappropriate or illegal reasons. Speak to an experienced Los Angeles employment lawyer after mistreatment by your employer. He or she will accurately assess the validity of your case. At Yadegar, Minoofar & Soleymani LLP (YMS), our employment law firm will personally review the information surrounding your termination.

Los Angeles Wrongful Termination Attorney Resources

• What is Wrongful Termination?
• What is Retaliatory Termination in California?
• What if You Were Terminated Due to Discrimination?
• Steps to Take After Being Wrongfully Terminated
• Los Angeles Wrongful Termination FAQs
• Areas Our Los Angeles Wrongful Termination Attorneys Serve
• Case Results
• Client Testimonials
• Hire Our Los Angeles Wrongful Termination Lawyers to Represent You

What is Wrongful Termination?

Wrongful termination refers to the illegal firing or dismissal of an employee by an employer. It occurs when an employee is let go from their job for reasons that violate the employee’s legal rights or are not in accordance with their employment contract. For example:

• Discrimination: Termination based on race, gender, age, sexual orientation, religion, or other protected categories.

• Retaliation: Firing an employee for reporting harassment, discrimination, or other illegal activities in the workplace.

• Breach of Contract: Violating the terms agreed upon in an employment contract.

• Violation of Public Policy: Firing an employee for reasons that society recognizes as unethical or illegal, such as firing someone for taking time off to vote or serve on a jury.

If an employee believes they have been wrongfully terminated, they may have the right to take legal action against their former employer for remedies such as compensation, reinstatement, or other benefits.

What is Retaliatory Termination in California?

Similarly, potential protections under whistleblower laws can include reporting a superior, reporting sexual harassment, reporting illegal conduct, and reporting unsafe working conditions. In addition, employees cannot be terminated simply because they have filed a workers’ compensation claim against their employer. You should file for lost wages and punitive damages after a retaliatory firing.

What If You Were Terminated Due to Discrimination?

While retaliatory discrimination is illegal, termination as the result of discrimination is also illegal. The law protects certain classes from discrimination. When companies fire employees because they are a member of a protected class is a discriminatory termination. Protected classes include religion, race, ethnicity, gender, and national origin. Employers also cannot terminate employees based on pregnancy, disability, or age. Retain the services of an experienced attorney after termination due to discrimination. These cases are complex. Any evidence of the true reason for your termination will erode over time. If you act quickly, you can hold your employer responsible for wrongful termination.

Here are some key laws regarding workplace discrimination in California:

Fair Employment and Housing Act (FEHA)

FEHA is the primary law governing employment discrimination in California. It prohibits companies from firing employees because they are a member of a protected class. Protected classes include religion, race, ethnicity, gender, and national origin. Employers also cannot terminate employees based on pregnancy, disability, or age. FEHA also covers sexual harassment, which is considered a form of gender discrimination.

California Equal Pay Act

This law requires employees performing substantially similar work to be paid equally, regardless of gender, ethnicity, race, etc.

California Family Rights Act (CFRA)

CFRA provides up to 12 weeks of unpaid, job-protected leave for certain medical reasons or to care for a family member. Employers cannot discriminate against employees for taking CFRA leave.

Enforcement

• The Civil Rights Department (CRD): The CRD is responsible for enforcing these anti-discrimination laws in California. When an employee files a complaint, the CRD investigates to determine its merit and attempts to resolve the matter.

• Equal Employment Opportunity Commission (EEOC): The EEOC enforces workplace discrimination laws at the federal level.

It is highly recommended to retain the services of an experienced attorney after termination due to discrimination. These cases are complex. Any evidence of the true reason for your termination will erode over time. If you act quickly, you can hold your employer responsible for wrongful termination.

How to File for Charge of Discrimination?

A charge of discrimination refers to a formal complaint you can file if you believe you have been wrongfully terminated due to discrimination based on protected characteristics. Charges of discrimination are typically filed with government agencies responsible for enforcing anti-discrimination laws, such as the EEOC at the federal level or the CRD at the state level. Which agency you decide to file with will depend on which law has been violated. However, if you file a complaint with CRD that alleges violations of laws enforced by the EEOC, your complaint will be automatically filed with the EEOC and vice versa.

Both agencies follow a specific investigation process when handling complaints of discrimination. Here is a general outline of how to file a charge of discrimination and the process that follows:

1. Filing a Complaint

Complaints can be submitted online, by phone, in person (EEOC), or through the mail.

• CRD:
  • Website: https://calcivilrights.ca.gov/complaintprocess/#fileComplaintBody

• 1-800-884-1684

• 2218 Kausen Drive, Suite 100
  Elk Grove, CA 95758

• EEOC:
  • website: https://publicportal.eeoc.gov/Portal/Forms/NewEditForm.aspx?templateId=160&userKey=

• In-person: https://www.eeoc.gov/field-office

• 1-800-669-4000

• Roybal Federal Building, 255 East Temple St., 4th Floor, Los Angeles, CA 90012

2. Intake and Initial Review

The complaint will be reviewed to determine if it falls under the CRD or EEOC’s jurisdiction.

3. Notification to Respondent

If the complaint is accepted, the respondent (the party against whom the complaint is filed) will be notified and provided a copy of the complaint

Steps to Take After Being Wrongfully Terminated

If you believe you have been wrongfully terminated, here are a few important steps you can take to protect yourself and preserve your right to recover compensation for your damages:

1. Be very careful about what you say to your employer

Most employers will consult with an attorney before terminating you to discuss how to prevent you from bringing a wrongful termination claim, or how to respond if you do. Reacting in a hostile manner can not only bring about further retaliation from your employer but can ruin your claim for compensation as well.

2. Determine if you have a claim

The next thing you should do is determine if you have actually been wrongfully terminated. If you have been working under contract, your termination must comply with the terms of the employment contract. Similarly, if you are a union member, your termination must comply with your union’s collective bargaining agreement.

If you don’t have an employment contract and are not part of a union, can you present evidence that your employer discriminated or retaliated against you? For example, can you show that:

4. 4. • You were treated differently from other employees who are not of the same race, sex, religion, national origin, disability, or sexual orientation as you?
      • Your performance reviews were biased?
      • Comments about you were made in the workplace that were discriminatory?
      • You were fired in retaliation for opposing an unlawful employment practice, filing a workers’ compensation claim, reporting being discriminated against, or asserting some other legal right in the workplace?

3. Gather information

Gather all the information you can about your job performance, including copies of your performance evaluations, work product, any accolades and acknowledgments of merit you have received, and anything else that can prove that you were a good employee.

4. Contact a qualified Los Angeles Wrongful Termination Attorney

Contact an experienced California employment law attorney right away to learn what your rights are and what claims you may have. You may be entitled to recover damages, including:

4. 4. • Lost wages and benefits;
      • Pain and suffering; and
      • Punitive damages

Furthermore, if your termination was based on discrimination, you will be entitled to recover attorney’s fees and any costs associated with bringing the lawsuit against your employer.

Los Angeles Wrongful Termination FAQs

How Long Do I Have to File a Wrongful Termination Claim in California?

In California, the statute of limitations for wrongful termination claims depends on the specific circumstances of the termination, ranging between two and three years from the termination date itself.

4. 4. • Breach of Contract: If your termination violates an employment contract, you have two years to file a wrongful termination claim.
      • Violation of Public Policy: If your termination stems from protected actions, like reporting discrimination or harassment, you also have two years to file a claim.
      • California Fair Employment and Housing Act (FEHA): If your termination relates to factors like race, religion, disability, or other protected categories, you have three years to file a claim under FEHA.
      • California Worker Adjustment and Retraining Notification Act (WARN Act): If you were part of a mass layoff or plant closure, you have three years to file a claim under the WARN Act.
      • Whistleblowing Protections: If your termination is tied to whistleblowing on illegal or unethical practices, you have three years to file a claim.

Importantly, the statute of limitations starts running on your termination date, not the date you discover the wrongful termination. Therefore, prompt action is essential if you suspect wrongful termination. If you miss the statute of limitations, you might still file a claim if you can prove that fraud, mistake, or other equitable factors prevented timely filing. However, meeting this standard is challenging, so it’s advisable to file within the limitations period.

How Expensive is a Los Angeles Wrongful Termination Lawyer?

Through our contingency fee structure and complimentary initial assessment, we work to enhance the accessibility of legal representation. This entails you not having to cover upfront fees; our fee is dependent on the positive resolution of your case. Our dedication revolves around your welfare and priorities, ensuring unwavering support during every step. Your contentment and equitable treatment are our foremost concerns.

What Types of Compensation Can I Recover?

The compensation you can recover in a wrongful termination claim in California varies based on your case’s unique details. You might have the potential to recover the following damages:

4. 4. • Back pay: This entails the earnings you would have accrued if not terminated and allowed to continue working.
      • Front pay: This represents the earnings you might have gained if reinstated, though reinstatement isn’t feasible due to termination.
      • Emotional distress damages: These aim to compensate for emotional suffering following the termination.
      • Punitive damages: These serve to penalize your employer for wrongful actions and discourage future terminations.
      • Attorney’s fees: If successful in your claim, you might recover attorney’s fees.

Moreover, your specific case might allow for additional damages such as:

4. 4. • Lost benefits: This could encompass health insurance, paid time off, or retirement benefits.
      • Damages for defamation: If false statements by your employer harmed your reputation, you could recover damages for defamation.
      • Damages for wrongful interference with contract: If your employer disrupted your contract with another company, you might recover damages for such interference.

Areas Our Los Angeles Wrongful Termination Attorneys Serve

We proudly serve the following neighborhoods in LA County:

Downtown Los Angeles | Hollywood | West Hollywood | Beverly Hills | Santa Monica | Venice | Malibu | Pasadena | Long Beach | Glendale | Burbank | Culver City | Westwood | Silver Lake | Echo Park | Koreatown | San Pedro | West Los Angeles | Boyle Heights | Eagle Rock | Sherman Oaks | North Hollywood | Encino | Studio City | Bel Air | Pacific Palisades | West Los Angeles | Highland Park | Manhattan Beach

Case Results

Sexual Harassment

$1,000,000

We filed a lawsuit against an employer who terminated an employee who complained about the unwelcomed sexual advances of her supervisors. We negotiated a settlement of $1,000,000 on behalf of our client.

Whistleblower

$930,000

We brought a lawsuit against a hospital who terminated a physician shortly after he complained about patient safety issues. We negotiated a settlement of $930,000.00 on behalf of the physician.

Breach of Employment Contract

$850,000

We filed a lawsuit on behalf of our client who was wrongfully terminated and his employer refused to comply with the terms of his employment agreement. We negotiated a settlement of $850,000 on behalf of our client.

Client Testimonials

“I would recommend them to anyone seeking not just representation, but a team that will truly fight for your rights and guide you every step of the way. This is a law firm that raises the bar for what it means to provide exceptional legal service.”

-Nick T.

“I cannot say enough about Navid Yadegar! Over the years we have worked with him many times and each time he has exceeded our expectations. He genuinely cares about his clients and his knowledge in his field is unmatched. Having him as your attorney is having peace of mind that you have the best! Thank you Navid!”

-Debbie E.

“Amazing firm that is robust and fair.  Have helped me numerous times with employment matters as well as contractual concerns.  All attorneys are ethical and easy to work with and always have my best interest in mind.  Highly recommend.”

-Dan B.

Hire Our Los Angeles Wrongful Termination Lawyers to Represent You

You should speak to an attorney right away after a wrongful termination. There is a certain time frame for filing a wrongful termination claim in California. If you miss the deadline, you may be unable to file your claim in the future. At YMS, our experienced Los Angeles wrongful termination attorneys will help you through every step of the process to ensure that your rights are protected and that you are compensated for your illegal termination and the damages it caused you.