Our Los Angeles Employment Lawyers Discuss Common Misconceptions About Wrongful Termination Law
After being fired, many people will believe that they are the victim of wrongful termination. However, that is not always the case. You should only file a wrongful termination claim if you were fired due to a protected activity or protected class. Otherwise, it is unlikely that your claim will be successful. At Yadegar, Minoofar & Soleymani LLP, our attorneys will help you determine the validity of your wrongful termination claim. In this video, Los Angeles employment lawyer Navid Yadegar discusses common misconceptions about wrongful termination law and provides us with the proper legal context.
One of the most common complaints we get from employees contacting our office is that I believe that I was wrongfully terminated. Unfortunately, in our common language, wrongful equates to unfair, and when employees believe that they were unfairly treated at work and terminated, they automatically believe that they were wrongfully terminated as the law recognizes that phrase. In order to have wrongful termination, it needs to have been a violation of the law, and just because as an employee we don’t like the way we were terminated doesn’t necessarily mean that there was some law that was broken. If your termination is because of a protected activity or protected class, in other words because of your race, your religion, your national origin, your gender, then that is wrongful termination. If it’s because you filed a complaint about fraud within the company and then you were terminated, then that is wrongful termination. However, if you were simply wrongfully accused at work for not performing well, even if you vehemently disagree with the allegation that you were not performing, that by itself does not amount to wrongful termination. Unless, it is pretext for terminating you for something that is otherwise illegal, like your race, your gender, your national origin.