Being terminated from your job can be a devastating experience, and it is normal to feel wronged if you were let go for no discernible fault of yours. While you might think that you have no other option than to accept the situation and move on, you may have certain rights as an employee protected by the employment laws in California. To find out for sure, it is essential that you look up wrongful termination lawyers in Los Angeles and contact a reputable, experienced one to discuss your situation.
Understanding reasons for wrongful termination
As per the employment law in California, employment in the state is “at-will” basis. That means your employer can legally fire you from your job for any reason, and you too can leave your employment without giving your employer any particular reason. Even so, under certain circumstances, you might have grounds to take legal action against your employer for wrongful termination.
One of these is just-cause employment. In it, the employer will offer a work guarantee that the employee will not be fired from their job unless there is a good reason, such as for violating company policy. It may be oral, part of the employment contract, or included in the employee handbook.
Other circumstances in which an employee’s termination could be deemed as wrongful termination are:
Discrimination: Your employer has terminated you from your job due to your age, race, gender, religion, disability, pregnancy, and so on. Since these are protected classes under the California employment law, it is illegal for your employer to fire you for these reasons.
Retaliation: Your employer has fired you because you reported them for engaging in illegal work activities. As per the law, you are protected from retaliation by your employer for reporting workplace violations. They cannot use it as a reason to fire you.
Breach of good faith: Your employer has terminated your employment for a fabricated or fraudulent reason.
Public policy violation: Your employer has fired you from your position because of your political views, political participation, or support of a political party that your employer opposes.
Taking medical leave: Your employer has fired you from your position because you took an extended medical leave to get treatment yourself or take care of an ailing family member. The Family Medical Leave Act (FMLA) protects employees who need to take such a leave. As per the FMLA, your employer is legally obliged to allow it on an unpaid basis and let you return to work later.
Your employer can also not force you to leave your job by purposely making work conditions difficult for you. For instance, they cannot harass you, demote you, or cut your salary. However, your employer can fire you if they need to downsize the company, close down your department, or move to a new location where they cannot transfer you.
Coping with wrongful termination
The first thing to do after your job termination is to remain calm and consider your options. You can do the following:
Contact the HR department: It is advisable to contact the company human resources department and find out about the administrative remedies available to you.
Contact the EEOC: You can file a claim against your employer with the Equal Employment Opportunity Commission (EEOC) if the HR department fails to resolve the issue of your termination. To file a claim, you will need work documents, salary slips, witness statements, and other essential evidence to prove that your employer acted illegally. The EEOC will investigate the matter and decide if your job termination is wrongful.
Contact a lawyer: If the EEOC cannot resolve the situation, you will need to look up wrongful termination lawyers in Los Angeles. Many lawyers offer an initial free consultation in which they will assess your case and let you know if it has legal merit. Depending on their advice regarding your specific case, you can consider filing a civil lawsuit against your employer.
If you win the case, you could be reinstated in your job if you choose to return or get a job transfer, promotion, or a salary increase. You may also win appropriate compensation, including for any missed bonuses and your attorney’s fees.
