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Los Angeles Wrongful Termination Lawyer

Wrongfully Terminated by Your Employer? We Can Help

Losing your job can be an upsetting and traumatic experience. What is even more upsetting is when your termination from your employment was wrongful and illegal. 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 Los Angeles wrongful termination lawyers will personally review the information surrounding your termination.

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.

Termination Due to Discrimination

While retaliatory discrimination is illegal, termination as the result of discrimination is also illegal. The law protects certain classes from discrimination. To fire an employee 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.

What to Do if You Believe You Have Been Wrongfully Terminated

California is an at-will employment state, meaning that your employer can fire you for just about any reason. But, as discussed above, some terminations are still unlawful and may give you grounds for a wrongful termination claim.

If you believe your employment has been unjustly terminated, you may file a charge of discrimination with either California Civil Rights Department (CRD), or the Equal Employment Opportunity Commission (EEOC), the federal agency in charge of investigating employee complaints.

Once the agency has completed a preliminary investigation of your charge, you will likely be given “a notice of right to sue.” This will allow you to file suit against your employer in court, and give you the green light to hire an attorney to assist you in pursuing compensation from your employer for wrongful termination.

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:

  • 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 lawyer

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:

  • 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.

Hire Our Los Angeles Wrongful Termination Lawyers to Represent You in Your Wrongful Termination Case

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 LA wrongful termination lawyers 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.