Wrongful Termination Attorneys Beverly Hills & Rancho Cucamonga, CA
It is considered wrongful termination when the employer is the one who initiates the termination of the employment relationship and when the employee does not have a history of misconduct or poor performance at that job. In some cases, wrongful termination of employment is a manifestation of employment discrimination or employer retaliation. If your employer fired you from your job, but you did not do anything that warrants termination of employment, the Beverly Hills wrongful termination lawyers at Mehtani Law Offices, P.C. can answer your questions about what to do next.
At Mehtani Law Offices, P.C. our wrongful termination attorneys in Los Angeles, CA understand how devastating it can be to lose your job – especially when your firing is unlawful. With more than a decade of experience in representing clients who have been wrongfully terminated from their jobs, our lawyers place this category at the top of our employment and labor law practice areas.
If you are a victim of wrongful termination in Los Angeles, CA, our attorney group and support staff can provide you with premier legal guidance, and the top-tier resources you need to bring a claim against your employer and seek justice and fair compensation. Developing a Strong Wrongful Termination Case
Both California and Federal employment laws prohibit employers from terminating employees under certain circumstances. When these prohibitions are breached by an employer through the act of illegally firing or laying off employees, our law firm is here to protect your rights fully and represent you passionately. Employees in Los Angeles, CA cannot be fired or laid off because of :
- Employer retaliation
- Because an employee refused to commit or participate in an illegal act or to break the law
Employment Contracts, At-Will Employment, and Wrongful Termination
Unless you signed an employment contract with an employer when you started your job, then your employment is on an at-will basis. This means that you have the right to quit your job at any time without facing any penalties, financial or otherwise. You are not even required to give your employer two weeks’ notice before you quit, even though many employees do this just to be polite.
In an at-will employment relationship, the employer also has the right to fire you at any time, with or without notice, for almost any reason. If you have an employment contract, it outlines the requirements for each party to end the employment relationship before the end of the contract period. If your employer terminates your job ahead of schedule and does not fulfill the obligations associated with doing this, you have the right to sue your employer for breach of contract.
Even in an at-will relationship, some reasons for firing an employee are off-limits. For example, it is against the law to fire an employee in retaliation for exercising a legal right afforded to the employee under federal and state employment laws. It is also against the law to fire an employee for discriminatory reasons.
Wrongful Termination by Discrimination is Against the Law
Both the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act (Title VII) set forth protected categories or characteristics of individuals that may not be taken into consideration when an employer fires or lays off an employee. Generally speaking, the FEHA covers more protected categories than Title VII. If your termination is the result of your employer directly discriminating against you in any of these categories, we can potentially help you pursue financial recovery :
- Sex and Gender, including gender identity or expression
- Sexual orientation
- National origin
- Veteran Status
It is illegal to discriminate against any employee based on any of the foregoing protected categories. Our firm takes pride in protecting the Civil Rights Laws in the United States and in California. Our wrongful termination attorneys in Los Angeles, CA will provide a strategic approach to filing a claim against your employer, while ensuring the financial, emotional, and physical harms you endured are addressed through a financial settlement that is specific to your case. Retaliation is Prohibited by Law
One major type of illegal retaliation is the act of an employer firing or laying off an employee for participating in a protected practice. It is an employer’s illegal act in seeking revenge on an employee for acting in a protected capacity – an act you cannot be fired for under the law. Types of retaliatory wrongful terminations include, but are not limited to:
- Retaliation due to participation in an investigation for discrimination;
- Reporting safety or health hazards;
- Informing law enforcement agencies of illegal activity;
- Taking time off for military service, pregnancy/child birth, or civil obligations including jury duty;
- Refusal to perform hazardous or dangerous work;
- Reporting concerns or violations to Occupational Safety and Health (OSHA)
Time is of the essence in holding your employer responsible for their illegal behavior of wrongfully terminating you in retaliation for your legal actions against them. Our wrongful termination lawyers in Los Angeles, CA will take the lead in suing your employer for the financial recovery you are entitled to as compensation for the violation of your civil rights. Refusal to Commit an Illegal Act Is Noble Behavior – Not Grounds for Termination
It is unlawful to fire an employee for refusing to commit an illegal act in the workplace – no matter what the request is, or how small of an infraction it may seem. Illegal acts may be requested from an employer in any area of employment, in any industry. Employees are in absolutely no way obligated by their employment terms to commit an illegal act.
Some examples of illegal activities can include :
- Accounting improprieties
- Shipping illegal goods
- Engaging in illegal contracts
- Participating in deceitful or fraudulent practices
If you are ever faced with engaging in illegal activity at work, notify law enforcement officials immediately to ensure you are protected from wrongdoing. If you are wrongly terminated for failing to engage in any illegal activity, contact our law office today for immediate representation. We can speak with the company, its lawyers, and law enforcement officials on your behalf to decrease your vulnerability and provide the full confidence you need in the courtroom to redeem your position and uphold your innocence. Failure to Follow Written Termination Procedures Is a Breach of Employment Terms
Larger companies, corporate entities, and government agencies typically provide employees with a manual or handbook that outlines the employer’s working terms and practices. These guidelines can include processes and procedures that describe the chain of events that will lead to final termination circumstances.
In most cases, employee handbooks list a termination process that may include the following requirements to take place before an employee can be fired :
- Verbal warnings of misconduct
- Written notices of wrongdoing
- Employee file notations of delinquencies
- Human resources/witness involvement in continued offenses
- Rehabilitation or employee assistance program enrollment
- Mandated classes or therapy
- Work suspension
Discrimination Claims About Wrongful Termination of Employment
Wrongful termination claims often occur in the context of allegations of employment discrimination, employer retaliation, or both. Discrimination is when an employer takes adverse action against an employee or otherwise treats the employee unfairly based on a legally protected characteristic of the employee. Race, religion, sex, family status, age, religion, military status, and disability are protected characteristics.
California lawmakers are also considering including caste as a protected characteristic, and the wrongful termination lawyers at Mehtani Law Offices, P.C. have represented plaintiffs in caste discrimination disputes. Wrongful termination of employment is an adverse action, as are demotion, refusal of promotions and raises, undesired transfer of job duties, schedule, or work location, refusal to hire, and hostile work environment.
Employer retaliation manifests itself similarly to employment discrimination, namely with adverse actions and harassment, with or without termination of employment. The difference between discrimination and retaliation is that discrimination is due to a protected characteristic of the employee, whereas retaliation is the employer’s response to the employee engaging in a protected activity. Examples of protected activities include taking family leave or medical leave, filing a workers’ compensation claim, requesting accommodation for a disability, or reporting misconduct in your workplace.
In some cases, wrongful termination of employment can count as both discrimination and retaliation. For example, if your employer fires you after you request a pregnancy disability leave (PDL, you can allege wrongful termination of employment, discrimination based on sex and pregnancy, and retaliation for the protected activity of requesting a legally enshrined medical leave.
If your employment has been fired before the written procedures were applied to your case, you may have been wrongfully terminated. Even if your company does not have a formal termination procedure, you may still be able to file a case against your employer for wrongful termination. Contact our experienced Los Angeles, CA employment law attorneys today to understand your rights fully, and take control of the next steps in holding your employer responsible for your loss of income, benefits, and stature in the community. Contact Our Wrongful Termination Attorneys in Los Angeles, CA Today.
We Also Serve These Following Practice Areas
- Age Discrimination
- Breach of Contract
- Commission Issues
- Disability Discrimination
- Family and Medical Leave Act (FMLA)
- Gender Discrimination
- Gender Identity & Expression Discrimination
- Hostile Work Environment
- Inaccurate Wage Statements
- Leave law litigation
- Meal and Rest Break Violations
- National Origin Discrimination
- Pay Inequality
- Pregnancy Discrimination
- Private Attorney General Act
- Race Discrimination
- Religious Discrimination
- Sexual Harassment
- Sexual Orientation Discrimination
- Unpaid Overtime Wages
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Military Discrimination
- Whistleblower Retaliation
- Class Actions
- Retaliation Litigation
- Discrimination Litigation
- Wage And Hour Litigation
Beverly Hills Wrongful Termination of Employment Lawyer
If your employment lawyer fires you or lays you off from your job, and you think that this decision is unfair, the first thing you should do is consult the wrongful termination attorneys at Mehtani Law Offices, P.C.. What you should do after that varies according to the circumstances. For example, if your company is laying off multiple employees and offering them severance pay in exchange for signing separation agreements, you should discuss the situation with an employment lawyer before you decide to sign.
When you sign a separation agreement, you waive the right to sue your employer for wrongful termination of employment. Your employment lawyer can help you figure out whether the “downsizing” or “corporate restructuring” is really just a cover for discrimination or retaliation. For example, did you engage in a protected activity shortly before your employer notified you that they were eliminating your position? Do the employees who are losing their jobs share a protected characteristic that the employees who are keeping their jobs do not share with them? If you can answer “yes” to either of these questions, it could be a case of wrongful termination. Even if you decide to sign a separation agreement because you need the severance pay, your lawyer can help you negotiate for a better severance package.
Before you can file an employment discrimination lawsuit, you must first go through a preliminary investigation with the Equal Employment Opportunity Commission (EEOC). The EEOC sets short deadlines for initiating contact with them after experiencing an adverse action that you believe is discriminatory, including but not limited to wrongful termination of employment. It is a good idea to hire a lawyer before you begin your interactions with the EEOC. After the EEOC concludes its initial investigation and authorizes you to sue your employer, you can proceed with a wrongful termination lawsuit.
Contact Our Wrongful Termination Lawyers in Beverly Hills & Rancho Cucamonga today at Mehtani Law Offices, P.C.
Mehtani Law Offices, P.C. is dedicated to helping workers in California seek justice if their employers terminate their employment for illegal reasons, such as discrimination or retaliation, with or without offering severance. Contact Mehtani Law Offices, P.C. in Beverly Hills, California, to schedule a consultation by calling (909) 530-3070 or toll-free at (310) 776-3590 now.