Los Angeles Wrongful Termination Lawyer
Wrongful Termination in Los Angeles happens more than you would think, and it’s one of the most common cases we represent. We can give you a voice and fight back against your employers who have wrongfully taken away your ability to provide for yourself or your family.
As Wrongful Termination Lawyers in Los Angeles, we’ve seen it all, and to be quite honest with you, nothing upsets us more than seeing someone experience termination for illegal reasons. Not only has the employer jeopardized your ability to live and provide for yourself, but they have trampled all over your rights and can make you feel that you have no voice to stand up for yourself. It’s unacceptable, and we refuse to let it slide. We continue to fight tooth and nail for our clients until they get the maximum compensation they deserve for their financial and emotional distress. We take Wrongful Termination cases exceedingly seriously and will do the same for you.
Wrongful termination occurs when an employee fires or discharges an employee for illegal reasons. Wrongful termination can happen even in states that follow the employee at-will doctrine, which gives an employer the right to fire an employee for any reason, at any time.
Below you’ll find more information on this matter. But if you feel you’ve been affected by this, please reach out to our Wrongful Termination Lawyers–Time is of the essence.
Exceptions to the Employment-at-Will Doctrine
According to the employment-at-will doctrine, an employee can be fired for any reason. However, the doctrine contains a number of exceptions. First, the doctrine does not apply when an employee’s termination has caused a public policy violation. This means that the termination is beyond the boundaries set by social norms for fair employment interactions. For instance, an employee cannot be fired in most states because they refused to break the law at an employer’s request or because they took time off to vote.
Each state has established majority views for which a complaining employee can argue public policy exceptions. At our firm, our wrongful termination attorneys in Los Angeles are extremely experienced in handling these matters.
Breach of Employment Contract
Another way that a wrongful termination claim can arise is due to the breach of an employment contract. An employment contract is most often written, but it can also be implied, with a breach occurring based on the facts and circumstances surrounding an employment agreement.
When a written contract is used to establish employment, a breach leading to wrongful termination can occur if the contract contains provisions detailing the length of employment or setting a specific term for employment. If an employee is fired in violation of these legal terms, it may result in a successful wrongful termination claim.
When a contract is implied, courts will analyze the behavior, conduct, and circumstances surrounding the agreement to determine whether a legal contract existed and if the contract was breached, resulting in wrongful termination.
Job Discrimination Required in Wrongful Termination Claims
Beyond public policy violations of the employment-at-will doctrine and breach of contract claims, a wrongful termination case could also arise from job discrimination. Federal and state law prohibits discrimination in employment based on certain protected categories, including race, color, national origin, sex, age, religion, and disability. These laws affect all areas of the employment process, including termination.
When an employee can prove that their termination came as a result of unlawful job discrimination, an employer could be held liable for violating civil rights laws designed to protect workers by ensuring they are treated equally on the job.
When Wrongful Termination Affects You…
When wrongful termination becomes an issue, you’ll need a qualified employment attorney, experienced and well-versed in employment law, to successfully bring a claim. Contact the Law Offices of Jake D. Finkel today to get the justice you deserve. We have a wide variety of expertise in wrongful termination cases, and we are here to help.
Frequently Asked Questions
If you have questions about wrongful termination or an employee’s legal rights, we can help. Keep reading to find the answers to the most commonly asked questions we hear from our clients.
Is sexual harassment retaliation considered wrongful termination?
Sexual harassment is a type of employment discrimination that’s prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment is unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Harassment can be committed by anyone in the workplace, including an employer, manager, co-worker, or customer. Sexual harassment can occur in a variety of settings, including the workplace, during work-related events, and in work-related communications.
When an employee experiences sexual harassment, they can file a complaint with the Equal Employment Opportunity Commission (EEOC). If the EEOC finds that the employee’s rights were violated, the employee may be able to file a lawsuit against their employer.
Termination over an investigation can also be a form of retaliation by the employer. Retaliation is when an employer takes adverse action against an employee because they filed a complaint or participated in an investigation of sexual harassment. Retaliation is illegal under federal law and can be a basis for a lawsuit against an employer.
What is the employment-at-will doctrine?
The employment-at-will doctrine is a legal principle that allows employers to terminate an employee’s employment at any time and for any reason without notice or severance pay. The doctrine also enables employees to quit their jobs at any time, for any reason. The employment-at-will doctrine is based on the principle that employment is a contractual relationship and that both employers and employees are free to terminate the relationship at any time, for any reason.
There are a few exceptions to the employment-at-will doctrine. For example, employers cannot terminate employees for discriminatory reasons or for exercising their rights under state or federal law. Employees who are terminated in violation of the employment-at-will doctrine may be able to sue their former employers for wrongful termination.
What are whistleblower laws?
Whistleblower laws are in place to protect employees who report illegal or unethical activities by their employers. The laws provide workers with immunity from retaliation by their employers for reporting these activities. These laws also provide workers with the ability to bring a civil lawsuit against their employer if they are retaliated against.
There are many types of laws for whistleblowers, but they all share a common goal of protecting workers who report illegal or unethical activities. The most common type of whistleblower law is the False Claims Act. The False Claims Act allows whistleblowers to bring a civil lawsuit against their employer for falsely billing the government for goods or services.
Other common whistleblower laws include the Sarbanes-Oxley Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Energy Independence and Security Act. All of these laws provide protections for whistleblowers who report illegal or unethical activities by their employers.