Los Angeles Wrongful Termination Lawyer

The employment laws of California and the United States can seem unfair at times, particularly when it comes to termination. Most employment in the US functions on an “at-will” basis, meaning both employer and employee have the right to terminate their working relationship with or without notice at any time, for any reason or no reason at all. The logic behind the at-will employment law is to prevent employers from taking advantage of employees. However, many employees view it as carte blanche for employers to simply fire whomever they wish whenever they wish, potentially even for discriminatory reasons. Here in the Los Angeles area, the legal services of Park APC can help guide you through the wrongful termination process, helping you get the damages you deserve for facing this unwarranted and unfair termination.

How Does Employment Law Differ from Labor Law?

Although both employment law and labor law are branches of the legal profession that endeavor to defend employees’ rights, their main areas of concentration differ. Labor law focuses on the employee group, or staff team, consisting of more than one worker. Worker-created organizations, such as labor unions, are frequently established, maintained, and protected by labor law safeguards. These rights can also make it easier for employees, employers, and the National Labor Relations Board to meet or resolve disputes (NLRB).

On the other hand, employment law is handled on an individual basis, and court cases frequently arise because of a single employee’s claim against their company. Both labor law and employment law cover grievance relief for unfair work practices, such as retribution for whistleblowing; however, the cases taken on in an employment law case involve a single employee as opposed to a group of employees. For instance, if a worker is fired unfairly after telling her boss she is pregnant, this situation would fall under the purview of employment law, and the affected worker could hire an employment attorney to represent them in court.

Wrongful termination cases can be handled by both employment law and labor law lawyers, depending on the specifics of each instance. If an employee has been fired for union organizing or attempting to start a union, either before or after legal recognition, this would be taken up by a lawyer working in labor law; however, employees fired for unalienable characteristics, where the reason for the firing is based in discrimination, would be handled by an employment lawyer. The difference between labor law and employment law is slight but understanding these key attributes of each aspect of the law is crucial for moving forward with your case.

What Is Wrongful Termination?

While it is true that most employers have the freedom to hire and fire employees at will, they do not have the right to fire employees for illegal reasons. A wrongful termination consists of any employment termination based on a discriminatory reason, such as the employee’s sex, age, race, skin color, religion, or medical status. While many employers who commit wrongful terminations look for excuses to disguise the true motivations behind these firings—and may attempt to hide behind at-will employment regulations—affected employees are not without legal recourse. If you have been wrongfully terminated in Los Angeles, CA, the team at Park APC can help you hold your employer accountable.

Why Hire a Los Angeles Wrongful Termination Lawyer?

Navigating California’s wrongful termination statutes and the federal employment laws pertaining to wrongful termination can be extremely challenging if you have no formal legal experience. A Los Angeles wrongful termination attorney can help you determine whether your recent firing qualifies as a wrongful termination. A skilled attorney can also assist you in navigating the appropriate government channels to hold your employer accountable.

Park APC has years of experience guiding clients through complex wrongful termination cases. We understand that facing any wrongful termination claim is an uncertain and difficult experience, and our goal is to help you approach the situation with confidence. Your legal team can help you navigate the complex claim process that typically precedes a wrongful termination lawsuit against an employer.

Can You Sue for Wrongful Termination in California?

If you have been fired for an illegal reason, you may file a lawsuit against your employer to seek damages. The employer may occasionally be required to cover sizable additional fines and expenses depending on the charges. For example, if an employee is fired based on their race, extra penalties are faced by the employer. It is important to recognize that the Equal Employment Opportunity Commission (EEOC) handles claims of wrongful termination, harassment, and discrimination in the US. Typically, it is necessary to file a claim with the EEOC and have the EEOC office investigate your situation before you can proceed with a wrongful termination claim against your employer. This process can be stressful, especially without the proper understanding of these claims. You can rely on Park APC to guide you through this process and the subsequent legal proceedings.

Grounds for Wrongful Termination Claims in California

The at-will employment law in California can make it seem as if the situation you experience after a wrongful termination is hopeless. However, this is not necessarily true since you have been fired for an illegal reason. California state law enforces significant legal protections aimed at preventing the wrongful termination of employees across all industries. Therefore, while it may seem like your employer fired you “at will,” it is possible that they may have violated state and/or federal laws with their decision. Some of the most cited grounds for wrongful termination claims in California include:

• Violation of employment contracts, including “implied” contracts. If you have any standing employment contract with your employer, it likely stipulates grounds for termination and the steps your employer must complete before terminating you. If an employer violated any employment contract with a termination, this alone can be grounds for a valid wrongful termination claim.
• Constructive wrongful termination. If your employer made your working conditions so intolerable that you were forced to resign, this is another form of wrongful termination. An investigation would need to prove that a reasonable employer would expect a reasonable employee to resign in the face of the working conditions you were forced to experience.
• Violations of public policy. Employees are not required to assist their employers in committing violations of public policy. If your employer fired you for your refusal to assist with any criminal action—including fraud, money laundering, and illegal trafficking of any kind through your workplace—this constitutes wrongful termination.
• Discriminatory termination applies whenever an employer bases a firing decision on an employee’s protected personal traits, such as their race, sex, religion, or age. This is generally the most difficult type of wrongful termination to prove, but an experienced Los Angeles employment attorney can help you gather the evidence you need to hold your employer accountable.
• Whistleblower protections. Employees have the right to act as whistleblowers in good faith if they believe their employer has violated a state or federal law or regulation. For example, reporting unsafe working conditions or regulatory violations to the Occupational Safety and Health Administration (OSHA) in good faith is a protected whistleblower action. Retaliation against whistleblowers is a violation of California and US law.
• Violations of the Fair Employment and Housing Act. Employers may not retaliate against employees who report workplace harassment and/or discrimination in good faith to the appropriate authorities. Employers also may not retaliate against employees who testify in active cases pertaining to workplace harassment and discrimination.

These are just a few examples of how wrongful termination may occur in a Los Angeles, CA, workplace. In California, the employment relationship is essentially “at will.” This means that in the absence of an employment contract, either the employer or the employee may end the employment relationship at any moment for any reason. Despite these employment standards, wrongful termination is a real problem faced by employees across the state. If you believe your recent termination was based on any illegal reason, it is crucial to contact an experienced Los Angeles wrongful termination attorney as soon as possible to discuss your legal options.

Damages in Wrongful Termination Claims

Many employees who experience wrongful terminations simply want their jobs back. However, many others do not wish to continue working for an employer who has engaged in unethical and illegal treatment of their employees. Filing a wrongful termination claim against an employer can not only discourage them from engaging in similar behaviors in the future but also potentially secure various damages for a wrongfully terminated employee. For example, your successful wrongful termination claim could potentially yield compensation for lost income, lost benefits, legal fees, and even statutory damages for emotional distress inflicted by your employer. Although troubling, addressing these wrongful termination claims is essential for addressing these issues and helping you seek justice for dealing with this unfair firing.

Seeking Legal Help for Your Los Angeles Wrongful Termination Case

Going into any legal battle is stressful, especially when it comes to situations that can impact your financial stability, like wrongful termination. Park APC can provide the professional legal guidance you need when you have experienced a wrongful termination in Los Angeles, CA. We understand how distressing and isolating a wrongful termination can be, as well as the economic pressure it can create for you and your family. If you are ready to take legal action in response to a wrongful termination in Los Angeles, contact Park APC today to schedule a consultation with an experienced Los Angeles employment lawyer.