Los Angeles Wrongful Termination Lawyers
Fired for an illegal reason? We can help you understand your rights and determine what comes next.
Losing your job can affect your income, career, reputation, and sense of security. When an employer terminates an employee because of discrimination, retaliation, whistleblowing, protected leave, or another unlawful reason, the employee may have a wrongful termination claim under California law.
Not Every Unfair Firing Is Illegal—But Some Terminations Violate the Law
California generally follows the at-will employment rule, which means an employer may terminate an employee for many reasons—or no stated reason at all. However, an employer cannot fire someone for a reason prohibited by law or contrary to an important public policy.
A termination may be unlawful when it is connected to discrimination, retaliation, whistleblowing, protected medical or family leave, workplace safety complaints, wage claims, or an employee’s refusal to participate in illegal conduct.
Frequently Asked Questions About Wrongful Termination
The deadline depends on the legal basis for the claim. Different time limits may apply to discrimination, retaliation, whistleblower, contract, wage-related, and public-policy claims. Some matters may also require an administrative complaint before a lawsuit can be filed.
Because waiting can affect both your legal rights and the availability of evidence, it is important to speak with a California employment attorney promptly. An attorney can identify the potential claims, determine the applicable deadlines, and advise you about the proper filing process.
The compensation available depends on the facts, the legal claims involved, and the harm caused by the termination. Depending on the circumstances, recoverable damages may include:
- Lost wages and employment benefits
- Future lost earnings
- Compensation for emotional distress
- Attorney’s fees and litigation costs when authorized by law
- Punitive damages in certain cases
Reinstatement or other nonmonetary relief may also be available in some matters. No particular outcome can be guaranteed, and every wrongful termination case must be evaluated individually.
Preserve evidence and create a written timeline as soon as possible. Relevant materials may include:
- Termination notices
- Performance evaluations
- Disciplinary records
- Employment agreements
- Employee handbooks and workplace policies
- Emails and text messages
- Communications with Human Resources
- Names of potential witnesses
- Records of complaints, leave requests, or accommodation requests
Keep only information you are legally entitled to possess. Do not access your former employer’s systems without authorization or remove confidential company materials.
You should also be cautious about signing a severance agreement or release before understanding how it may affect your rights.
It may be. California and federal laws provide qualifying employees with certain rights involving medical leave, disability accommodation, pregnancy-related leave, and family leave.
Being on leave does not protect an employee from every otherwise lawful employment decision. However, an employer may violate the law if it terminates an employee because the employee requested or took protected leave, needed a reasonable accommodation, or had a qualifying disability or medical condition.
The reason given for the termination, the timing of the decision, and the communications between the employee and employer may all be important.
An employer cannot lawfully terminate you because you made a good-faith complaint about conduct you reasonably believed was harassment, discrimination, or another violation of employment law.
Retaliation can include termination, demotion, reduced hours, reassignment, discipline, exclusion from important meetings, or other adverse treatment. Suspicious timing between a complaint and a termination may be relevant, but timing alone does not always prove retaliation.
Save copies of complaints, responses from management or Human Resources, performance reviews, and other relevant communications that you may lawfully retain.
Employers frequently give a lawful-sounding explanation for a termination, such as poor performance, restructuring, or a reduction in force. That explanation may be a pretext if the evidence suggests the employer’s real reason was unlawful.
Possible warning signs include:
- The employer’s explanation changes over time.
- Your performance history contradicts the stated reason.
- You were terminated shortly after making a protected complaint.
- The employer departed from its normal disciplinary procedures.
- Other employees were treated differently under similar circumstances.
- Your position was quickly filled by someone outside your protected group.
No single fact necessarily proves wrongful termination. An employment attorney can evaluate the timing, documents, witnesses, and treatment of comparable employees.
Yes. Although most California employees are considered at-will, that does not give employers the right to fire someone for an unlawful reason.
An at-will employee may generally be terminated with or without advance notice, provided the decision does not violate an employment law, contractual obligation, or established public policy. For example, an employer cannot lawfully fire an at-will employee because of the employee’s race, sex, age, disability, pregnancy, protected leave, whistleblowing, or complaint about unlawful workplace conduct.
Wrongful termination occurs when an employer fires an employee for a reason prohibited by law, in violation of an employment agreement, or contrary to an established public policy.
Examples may include terminating an employee because of discrimination, retaliation, whistleblowing, protected medical or family leave, a request for reasonable accommodation, or a complaint about unpaid wages or unsafe working conditions.
A termination can feel deeply unfair without necessarily being illegal. The critical question is why the employer made the decision and whether that reason violated an employee’s legal rights.
Our experienced wrongful termination attorneys fight for your rights when you are unjustly fired.
Losing a job is hard, especially if it was unfair due to harassment, discrimination, or retaliation. When a firing or layoff violates the law, it is known as wrongful termination.
If you were unfairly fired in California, you might be able to get compensation for the harm it caused you. Both state and federal employment laws safeguard your rights, and these laws can be enforced through legal means.
In such difficult circumstances, it’s essential to seek the guidance of an experienced wrongful termination attorney in Los Angeles. At the Genie Harrison Law Firm, we are passionate, relentless employment lawyers who have earned a solid reputation fighting for California employee rights.
Through single-plaintiff, multi-plaintiff and class action cases, we have obtained in excess of $230 million in settlements and verdicts for our clients. But just as significantly, we have improved the working conditions for countless employees. We care about California employee rights, and we make a difference.
Contact our Los Angeles-based employment law firm at (213) 805-5301 to arrange a free consultation regarding your possible legal matter.
The Wrongful Termination Attorneys at Genie Harrison Law Firm Can Help You
At the Genie Harrison Law Firm, APC, our attorneys will navigate the legal process, ensuring your rights are protected. We understand the emotional toll of unfair termination and are here to provide the assistance and information you need.
Once you reach out to us, our wrongful termination lawyers will listen to your story, gather crucial details, and construct a compelling case on your behalf. We will meticulously examine the circumstances surrounding your termination and assess whether any employment laws have been violated.
What makes Genie Harrison Law Firm’s employment attorneys the best choice for your wrongful termination case?
Proven Results
The Genie Harrison Law Firm has a documented history of success, having obtained more than $230 million in compensations and judgments for their clients. Our commitment lies in enhancing labor conditions and protecting the rights of employees in California.
Decades of Employment Law Experience in California
We have decades of experience with the labor laws in California and are committed to holding your employer accountable for their actions. We want to help you get fair compensation for the harm caused by your unfair dismissal, including for emotional distress.
Attorney-Client Communication
We will update and involve you throughout the process, making sure you understand your rights and options at every step. We encourage open and clear communication and will always be available to answer any questions or concerns you have.
As a boutique law firm, we intentionally limit the number of cases we handle, allowing us to champion your case aggressively.
The Damages Genie App
Genie Harrison created an app called Damages Genie to maximize emotional distress damages for our clients. The Damages Genie mobile app helps lawyers and their clients communicate. The innovative legal app uses advanced tech to calculate the worth of non-economic damages in injury, abuse, and employment cases.
What defines a wrongful termination case?
Wrongful termination happens when your employer fires you for an illegal reason. This typically involves discriminatory actions such as age, disability, or pregnancy-based firings.
As an employee, you have various rights that protect you in the workplace. One of these rights protects you from wrongful termination. Some employers don’t follow employee rights and easily fire employees for unfair reasons.
Examples of Wrongful Termination
Your termination could be wrongful if your employer fired you:
- Due to discrimination
- In violation of a federal or state labor law
- Because you reported and refused to participate in harassment
- Because you reported and refused to conduct an illegal act or safety violation
Termination could also be considered wrongful if your employer breached a contract, or did not follow their termination policies.
Frequently Asked Questions About Wrongful Termination Legislation in California
Can an employee be terminated at any time, and for any reason?
Employment-at-Will Doctrine in California
Although the concept of wrongful termination is simple at first glance, it is complicated by the employment-at-will doctrine.
To have a valid wrongful termination claim, employers must violate state or federal law when they fire employees. Since California is a state where employees work at will, employers have the right to terminate workers for any lawful reason based on the employment-at-will doctrine. However, the law has many restrictions on when employees can lose their jobs. It is against the law to terminate an employee based on their age, disability, gender, or other protected characteristics. Our legal experts can assist you in understanding these exceptions.
Understanding Wrongful Termination Laws in California
In California, Title VII and the Fair Employment and Housing Act (FEHA) are instrumental in safeguarding employee rights, guiding employers, and fostering workplace fairness. Here’s a breakdown of how these regulations impact wrongful termination claims:
FEHA Protection Against Discrimination
The FEHA’s anti-discrimination provisions extend to employers with a minimum of five employees. Notably, even businesses with just one employee are subject to the FEHA regarding claims of sexual harassment. However, certain exemptions apply, excluding employees working for family members or in religious/non-profit organizations.
Employee Rights under California Law
Employees in California possess the right to file a wrongful termination claim if they are dismissed for exercising legal entitlements, such as voting or refusing to participate in illegal activities like submitting false tax returns. This protection aims to shield workers from unjust treatment and bias, ensuring a fair work environment.
Upholding Employee Rights
The FEHA is a cornerstone in promoting a fair and impartial work environment in California. By allowing employees to file complaints for unfair termination, it acts as a deterrent against employer retaliation. This framework ensures that employees can build a strong case when wrongfully fired, reinforcing the commitment to upholding individual rights in the workplace.
Protection against wrongful termination and retaliation for whistleblowers
A “whistleblower” is an employee who exposes their employer’s misconduct, such as discrimination, breaches of safety regulations, illegal actions, and fraudulent behavior. Every worker has the right to report any suspicious activities to the appropriate authorities. It is illegal to retaliate against employees who exercise these rights by terminating their employment. In California, Labor Code 1102.5 addresses the safeguarding of whistleblowers against retaliation and unjustified termination.
The False Claims Act in California is significant because it addresses the laws known as “qui tam,” which allow employees to bring lawsuits against employers on behalf of the government. If your employer has committed fraud or embezzled government funds, it may be necessary to pursue a qui tam action. It is not advisable to handle these types of employment claims by yourself.
Given the numerous potential grounds for a claim, it can be challenging to determine which ones are applicable to your case and whether you qualify for additional forms of compensation. Your best course of action is to seek the advice of an attorney who can assess your case and help safeguard your rights. Since certain types of wrongful termination claims have strict time limits, it is crucial to take prompt action in order to still be eligible for compensation.
Understanding these regulations is crucial for employees navigating wrongful termination claims in California. If you believe you’ve been unjustly terminated, consult with our experienced legal team to assess the viability of your case and explore your rights under Title VII and the FEHA.
Age Discrimination and Wrongful Termination
Is it considered wrongful termination if my employer replaces me with a younger person?
If your employer replaces you with a younger person, it could potentially be considered wrongful termination, suggesting age discrimination in the workplace. To be protected under California’s age discrimination laws, however, you must be over the age of 40.
Key Considerations for Age Discrimination Claims:
The crucial factor in such cases is your employer’s intention. Mere termination of an older employee does not automatically imply discrimination. Yet, if your age significantly influenced the decision to replace you, you may have grounds for pursuing a case of illegal termination.
Understanding the nuances of age discrimination and wrongful termination is essential. If you suspect unfair treatment due to your age, consult with our experienced legal team to assess the viability of your case and explore your rights under California law.
What to do after being unfairly fired:
In order to succeed in a lawsuit for unfair termination, it is essential to present evidence. Keeping a record of written communications, performance evaluations, and notifications from the Human Resources department is highly important. However, it is crucial to be aware that there are time constraints that could impact your ability to file a claim for unfair termination in California. The Genie Harrison Law Firm can assist in reviewing personnel records, employment agreements, and company policies to determine the validity of your claim to assess whether your termination was in violation of the law.
When submitting your claim to the Genie Harrison Law Firm, include:
- A chronology of events
- Performance evaluations
- Termination documents
- Communications with the employer
We may request additional information for a comprehensive review.
Don’t let your employer’s actions go unchecked. Contact the Genie Harrison Law Firm at (213) 805-5301 to schedule a consultation. We are ready to fight for your rights and help you navigate the complexities of employment law. Together, we can seek justice and create a safer, more inclusive workplace for all.
Your Job May Be Gone. Your Rights Are Not.
If you believe you were fired because of discrimination, retaliation, whistleblowing, protected leave, or another unlawful reason, tell us what happened. Our employment attorneys can evaluate the circumstances and help you understand your options.
Tell us about your case:
Call us at (213) 805-5301 or use the email form below to provide us with a brief description of your case. Se habla español.
GENIE HARRISON LAW FIRM, APC
23975 Park Sorrento, Suite 202, Calabasas, CA 91302