A job’s significance in a person’s life is huge, determining their future financial status, living situation, relationships, and possibility for further education. While employers often have great freedom in the firing and hiring of their employees, to protect labor rights and the mental and physical health of the population, there are certain rights that are inalienable. If you get fired for your race, for example, it can be classed as a violation of civil rights, and counts as a wrongful termination in Los Angeles. So, if you think you have a case, read this article to inform yourself, and see what your next steps are. In many cases, you may be eligible to file a suit, so consult a wrongful termination attorney in Los Angeles.
How can I know if I have been wrongfully terminated?
To know for sure, only a wrongful termination lawyer in Los Angeles can answer your question. But there are a couple of things you can keep in mind. Even in at-will states, where the employer does not need to provide any reason for termination, and can terminate “at-will”, there are certain exceptions. For example, an employee may not be terminated in violation of their contract. Additionally, there are certain protected classes, such as race, sex, and sexual orientation that cannot be used as reasons for termination, as they are prohibited by state or federal law.
Can I be fired for whistleblowing on illegal activity like wage or time theft?
No. This is known as retaliatory termination, and is explicitly prohibited. If you have been fired as a result of reporting illegal activity that your employer took part in, you can file for wrongful termination. Contact a wrongful termination lawyer in Los Angeles, CA, to learn how you can proceed. They will be able to guide you further. There are whistleblower statutes, that protect employees from retaliation in case they report violations of environmental laws, wage laws, or safety protocols.
Additionally, many states also prevent employees from being penalized in case they take time off from work to vote, serve jury duty, or have military service.
I feel my termination was unfair. Can I file for wrongful termination?
In states like California, the legal principle by default is that of “employment at will”. What this means is that you can be fired for any reason, at any time. Even if this is for a weird sounding reason, they are within their rights to terminate your employment unless there is a preexisting employment contract that lists your rights. So, even if your termination was unfair, in a legal sense of the word it may not count as wrongful termination. However, anti-discrimination laws still apply, so if you feel you were fired because of discriminatory reasons, contact an attorney for wrongful termination in Bakersfield.
I didn’t get terminated, but I was forced to quit. Can I file for wrongful termination?
Yes! It is an oft repeated myth that if an employee quits, or resigns, they cannot then file a wrongful termination suit. However, if the reasons for an employee quitting were that they either found the work environment hostile, or it was dangerous to continue working there, or they were coerced into quitting, they can still sue the employer and file for wrongful termination.
What am I entitled to after a wrongful termination?
If you believe that you have been wrongfully terminated, and are correct, you may file a lawsuit. if you are successful, you may be entitled to back pay, reinstatement to your job, as well as compensatory damages and legal expenses. The strict definition of wrongful termination differs from region to region, so contact a wrongful termination attorney close to you to understand the options that you are entitled to.
These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.