If you’ve been wrongfully terminated you may be eligible to pursue legal action. Contact the Los Angeles employment law team at Sparrow Law Group today to learn more about how we can help you.
Wrongful Termination
Wrongful termination laws are in place to protect employees from being wrongfully fired. Even if the employment is “at-will,” the employer may still have violated the law by terminating an employee for the wrong reasons. Common examples of wrongful termination include terminating an employee:
- for reporting discrimination
- for reporting or refusing to take part in illegal activities
- for filing certain complaints at work
- for denying a sexual advance
- as retaliation against a whistleblower
- for bringing up a wage dispute, such as unpaid overtime
Why Choose Us?
The team at Sparrow Law Group has the experience that you need on your side when dealing with a wrongful termination. We understand how deeply personal these matters can be as well as the financial stress that can go along with them. Our hostile work environment attorneys will communicate directly with you to understand your situation, and we can guide you through the process of resolving a wrongful termination claim. While many wrongful termination claims are settled out of court, we are never afraid to litigate fiercely on your behalf when the situation requires it. Contact us today to put us to work for you.
What Is Wrongful Termination?
Wrongful termination occurs when an employer terminates an employee for an illegal reason. Since California is an employment “at-will” state, it can sometimes be difficult to prove that the reason for the firing was illegal. In employment “at-will” states that the employer or employee may end the working relationship for nearly any reason. However, the law provides protection from firing when employees engage in certain actions or are members of lawfully protected classes.
Employees cannot be fired for exercising certain rights, such as reporting harassment against themselves or someone else, filing a wage dispute, refusing to participate in illegal activities, denying sexual advances, or reporting discrimination. California Labor Code 1102.5 also specifically prohibits termination of an employee for whistleblowing or reporting a legal, health, or safety violation in the workplace. If an employee is terminated for behavior that is protected by law, then a wrongful termination has occurred. Additionally, an employee cannot be fired due to your membership in a protected class. Protected classes include race, religion, age, marital status, sexual orientation, and several others.
You might notice that there appears to be some overlap in the law when it comes to wrongful termination and retaliation. Much of the protected behavior by the employee is the same, but remember that an employer can be liable for retaliation without firing the employee. Retaliation can occur if an employee is demoted, given additional workload, denied a promotion, or retaliated against in other ways. Wrongful termination occurs when the employee is fired or forced to resign because of their protected behavior or membership in a protected class.
Damages For Wrongful Termination
If an employer is found liable for wrongful termination, there are several types of damages that may be awarded to the victim. First, the terminated employee may be reinstated to their job. If this happens, they would be placed back into the same role at the same pay rate. However, reinstatement does not occur often simply due to the animosity that is present between the parties at that point in the process.
Additionally, a wrongfully terminated employee may receive monetary damages. These damages can include back pay, lost wages, attorneys’ fees, court costs, and compensation for emotional distress. In addition to “actual damages,” employers who act with malice, fraud, or oppression may be forced to pay punitive damages. Punitive damages are intended to punish the employer and prevent that type of egregious behavior in the future.
Schedule A Free Consultation
If you believe you have been fired or forced to resign from your job for wrongful reasons, it is important to contact an attorney promptly. California law requires that your claim be filed within a certain period of time after your termination, or you could lose your right to bring your claim at all. Contact Sparrow Law Group for a free confidential consultation. Contact us online or call us at (310) 708-6439. Our team is ready to go to work for you today.