Los Angeles Wrongful Termination Attorneys

Los Angeles Wrongful Termination Attorneys

Our experienced wrongful termination attorneys in Los Angeles understand that being let go from a job could be very difficult, financially and emotionally. Especially during covid-19, many people are left scattered to find a job after being let go. But, in certain circumstances, many employees experience illegal job terminations. 

If you believe that you have been wrongfully terminated (wrongfully discharged) from your job in Los Angeles, an experienced employment attorney may be able to help you get the compensation you deserve. Fortunately, there are steps you can take to ensure that you are properly compensated if you lost your job unlawfully, and the Los Angeles team of lawyers at Heidari Law Group can help you get started today.

What is wrongful termination in Los Angeles?

Wrongful termination occurs when an employer violates the law when letting go of their employees. It is important to note that each state has different statutes and laws regarding wrongful termination. For example, in Los Angeles, employees are considered “at will,” which means that companies can fire employees at any time, for any reason at all.

Although employees may be considered at will, the dismissal must not be unlawful. If an employee has been dismissed unlawfully, employees may have a valid claim against the employer.

An unlawful termination is described as “any dismissal that is done for discriminatory reasons, in retaliation against an employee’s actions, or is done in violation of the employment contract or public policy” under California labor law. In other words, this is a situation where an employee has been fired from a job in a way that violates their legal rights granted by a statute or rule within California employment law, not because an employee believes their boss is being mean to them or singling them out specifically.

What happens after a wrongful termination?

If you have been wrongfully terminated, then the laws in Los Angeles allow you to report the wrongful termination circumstance to property agencies and hire an attorney to represent your rights in a civil lawsuit. 

What is considered wrongful termination in Los Angeles?

There are  several circumstances where employees are considered to be wrongfully terminated. This includes instances of retaliatory wrongful termination and discriminatory wrongful termination. 

What do I have to prove to file a wrongful termination lawsuit in Los Angeles ?

There are different elements that the plaintiff will have to prove in a wrongful termination lawsuit in Los Angeles. The plaintiff is a legal term that refers to the party filing the lawsuit. The plaintiff must prove:

• Their job loss was caused by wrongful termination, such as discrimination or retaliation
• They did not lose their job because of a valid lawful reason
• Their case could be brought into Los Angeles Court
• Their job loss caused them financial hardship
• The damages they are seeking equates to the financial hardship suffered 

Proving these elements requires hours of research and experience. Contact our top rated wrongful  termination attorneys to pursue your legal claims for you. 

What damages can I receive after being wrongfully terminated in Los Angeles?

In both Nevada and California, there are certain types of damages one could receive after being wrongfully terminated. These types of damages include:

• Pain and suffering: this refers to the emotional distress caused by the wrongful retaliation. This is a part of non-economic damages, which is subjective just to the plaintiff. We have several experts to establish the pain and suffering that the plaintiff has gone through. Our experts include mental health experts, psychologists, etc.
• Legal fees
• Punitive damages: this happens in certain cases when the employee is able to show that the employer acted with malice
• Past lost wages: this includes a variety of benefits that were lost because of the wrongful termination, such as wages, overtime pay, insurance, pensions, stocks, tips.
• Future lost wages: if the plaintiff was able to get another job, but that new job does not pay as much as the old one, the plaintiff could potentially be able to recover the difference in salary.
• Rehiring: in certain cases, if the employee does want their job back, the court may order the employer to reinstate the fired employee. This is a very rare case.

What is the Family Medical Leave Act?

The federal Family Leave Medical Act, also known as FMLA, means that employers may not fire or discriminate against employees for taking time off to care for their family. Employees could legally have the right to take off in the following scenarios:

• Maternity leave
• When the employee is suffering from a disease or an illness
• When the employee is caring for a family member
• When the employee is facing an emergency with a relative who is in the military
• When an employee goes on family medical leave, they could leave for 12 weeks a year. But employers are not required to pay their employees while they are on leave. If your employer has fired you for taking family leave, you may have a claim for retaliatory wrongful termination.

What is retaliatory wrongful termination?

California labor laws protect employees against retaliatory action for reporting wrongdoing of their employer or when an employee is exercising their legal rights. This occurs in circumstances when the employee engaged in some type of actions such as whistleblowing, and was retaliated against by being let go by their employer. Under California labor law, these are considered to be protected activities:

• Reporting or filing a complaint about sexual harassment or other unlawful conduct
• Filing a complaint about labor code violations including reporting misclassification of contractors, unpaid wages, or unsafe working conditions
• Filing a request to receive entitled benefits such as medical leave or overtime pay
• Refusing to follow an employer’s orders to take part in activities that would break the law
• Reporting of a company’s violation of laws to an outside source such as a law enforcement agency, body of government authority, or employee of the company who, such as an HR representative, who can work to correct the violation.

What is discriminatory wrongful terrmination?

To have a claim of discrimination in a wrongful termination case, an employee must be able to show that discrimination was a determining factor in their dismissal. Even if the discriminatory reasons were only one of the many factors that led to the dismissal, and the other factors were legitimate, an employee may still have a case for discriminatory wrongful termination.

Under Los Angeles law, discrimination is classified as an illegal dismissal based on the employee’s inclusion in a protected class such as:

• Race
• Gender
• Sexual Orientation
• Age (for employees over 40)
• Ethnicity / National Origin
• Religion
• Pregnancy
• Medical condition 
• Disability (mental and physical)
• Family Status
• Veteran Status

What type of evidence will help my Los Angeles wrongful termination lawsuit?

Below are some examples our attorneys could use in order to show that there has been a retaliatory wrongful termination on behalf of the employer.

• Evidence of discrimination against other co-workers
• Evidence that other employees who are not part of a protected class received preferential treatment
• Showing timing of the termination and how it lined up shortly after an employee reported a pregnancy or injury
• Showing a consistently higher rate of dismissal for older employees compared to younger employees
• Inconsistency between an employer’s praise of an employee and the reason why they were fired. For example, if an employee was previously praised for their excellent work ethic but was fired for having a bad work ethic, this would imply that there may be another reason for being fired.
• Evidence that shows that an employer violated their own company policies in the termination of the employee.
• Evidence that your employer violated the employment contract or bargaining agreement
• Evidence that your employer terminated the employees to avoid paying any wages 

How are our Los Angeles wrongful termination attorneys paid?

Our attorneys work on a contingency fee basis, which essentially means that you will not have to pay us anything until we win compensation for you. We understand that after being let go from your job, you could be struggling financially. Our contingency fee agreements relieve the stress that comes with navigating through the legal process. Please visit our page on contingency fees. 

How much is my Los Angeles wrongful termination settlement worth?

Each wrongful termination lawsuit in Los Angeles is different from one another. That’s why no attorney can actually give an exact dollar amount that fits all wrongful termination lawsuits. We offer free no risk consultation, where we review your case and determine the amount of damages you may receive. Each wrongful termination circumstance is different from one another, for example, some employees may suffer emotional distress, and so emotional distress damages will be sought in the lawsuit. 

It is important to note that employment lawsuits involving wrongful termination almost always end up settling since it is very costly to go to court. A settlement is a convenient option for both parties, especially since trials could be very unpredictable. However, if the parties are unable to settle, our attorneys are not afraid of going to trial. 

The different factors our Los Angeles wrongful termination attorneys take into consideration when determining your case value is: 

• Your employer: if your employer is a large corporation, they most likely would want to go to trial.  If your employer is a smaller corporation, they most likely will want to settle out of court since they may not have enough funding to go to trial.
• Back pay:  if the amount of money you would have been paid if you were not wrongfully terminated is a large amount, your case will most likely seek a larger amount of damages.
• Compensatory damages: these are the damages of out-of-pocket expenses that were caused by workplace discrimination, harassment, or wrongful termination.
• Court fees: court fees could be very costly and play a big role in determining the amount of damages you could potentially be awarded.
• Front pay: this refers to the amount of money you would have made if you were not looking for another position. 
• Punitive damages: usually, Los Angeles courts are very reluctant in providing punitive damages to the employee. This type of damage is an exemplary damage that makes an example out of the defendant’s actions. This occurs when your employer has engaged in some type of wrongful behavior, such as malice. However, there are certain laws that prohibit punitive damages. For example, age discrimination lawsuits are not eligible for punitive damages in Los Angeles. 

When should I file my wrongful termination lawsuit in Los Angeles?

Each state in America has the statute of limitations that limits when a plaintiff could bring their claim to court. If the plaintiff brings their claim to the court too late, the court will most likely dismiss their lawsuit and they will not be able to seek compensation.

There are different statute of limitations in place in California regarding wrongful termination lawsuits.

• For defamation, the plaintiff must file their lawsuit 1 year from the date of the defamation.
• For terminations that involve workplace fraud, the plaintiff must file their lawsuit 3 years from the day they discovered the fraud.
• When an employer violates the employment contract, the employee has a claim against the employer for breach of contract. For breach of contract lawsuits, the employee has 4 years after the breach occurred to file the wrongful termination lawsuit.
• Under federal anti-discrimination laws, an employee has 180 days from the date they were fired to file a charge with the Equal Opportunity Commission.

What is the Equal Opportunity Commission?

If you have been wrongfully terminated from your position at work, the first step to take is to contact the Equal Opportunity Commission and file a claim regarding the wrongful termination circumstance. This is a government organization that dedicates themselves to investigating workplace misconduct. In California, this commission is referred to as the Department of Fair Employment and Housing. 

You have 180 days to file a wrongful termination claim with the commission. Once you file the claim with the commission, they will start the investigation process and look into the circumstances of your wrongful termination. They then will grant you the right to sue to file a civil action in court.

 If the Department of Fair Employment and Housing determines through their investigation that there was no wrongful termination, you still may be able to file a civil lawsuit in court.

 For assistance with filing a claim with the Department of Fair Employment and Housing,  contact our Los Angeles employment lawyers today. 

What if I was an at-will employee in Los Angeles?

Los Angeles is considered to be an at-will state. This is a type of employer and employee relationship where either party can terminate the working relationship at any point for any reason. At-will employees almost always have an employment agreement. If you are an at employee, you could still file a lawsuit against your employer for wrongful termination. An employer cannot fire an employee simply because they want to. There needs to be a good-faith basis for termination. We can use your employment agreement as evidence for your wrongful termination lawsuits case.