Losing a job is never easy, but it is even more difficult if you believe you were wrongfully terminated. When an employee is fired by an employer for reasons that violate state or federal employment law this is considered wrongful termination. If you believe you were wrongfully terminated in Los Angeles, learning your legal rights is a good place to start.
California Employment Laws
Most employment is considered at will, meaning that an employer can generally fire you for any non-illegal reason or no reason at all. To see if you qualify for a wrongful termination lawsuit, you need to examine the facts of your circumstances and see if they meet any of the established legal exceptions overriding at-will doctrine. These exceptions focus on protecting employees from discriminatory or retaliatory actions:
- Unlawful Discrimination: An employer cannot base a termination decision on an employee’s protected class, established by Title VII of the Civil Rights Act and state-specific laws.
- Retaliation: If you were fired after exercising your protected state or federal rights to file a harassment complaint, report illegal activities, ask for accommodations for a disability, or participate in any other protected workplace right, this may be considered workplace retaliation.
- Violation of Public Policy: Employers are prohibited from firing employees for fulfilling a legal obligation or exercising certain public rights. For example, being fired because you served on a jury, voted, or took time off for military service would be a wrongful termination based on a violation of public policy.
- Breach of Contract: Even with an at-will employment structure, termination can still be considered wrongful if it violates the terms of an existing agreement. This includes written employment contracts that specify termination only for cause, as well as implied contracts arising from oral promises made by management or from statements written in an employee handbook that outline specific disciplinary or termination procedures, which the employer failed to follow.
Evaluating the full circumstances surrounding your termination can help you gather evidence to support your claim. This documentation can include performance evaluations, written policies, emails, text communications, and statements from colleagues who may have witnessed unfair treatment in the workplace.
Seek Legal Support in Filing a Lawsuit and Formal Complaint
If the evidence suggests you were wrongfully terminated, the next immediate step is to seek professional legal advice. Consult with a Los Angeles employment lawyer experienced with other wrongful termination cases. They can help answer any questions you may have, explain your rights, and help determine if you have what it takes to file a case.
If you do, the first step before filing a lawsuit is filing a formal complaint with the appropriate government agency, depending on what law was violated. The Equal Employment Opportunity Commission (EEOC), the State of California Department of Industrial Relations, or the Occupational Safety and Health Administration (OSHA) are a few examples of agencies that may investigate your complaint. If a violation is found, they may mediate or authorize you to proceed with a lawsuit.