Los Angeles Wrongful Termination Attorneys

Los Angeles Wrongful Termination Attorneys

Our experienced wrongful termination attorneys in Los Angeles understand that being terminated from a job can be very difficult, both financially and emotionally.

Suppose you believe that you have been wrongfully terminated (wrongfully discharged) from your job in Los Angeles. In that case, an experienced employment attorney may be able to help you get the compensation you deserve. There are steps you can take to ensure that you are adequately compensated if you lose your job unlawfully. 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 terminating an employee. It is important to note that each state has different statutes and regulations regarding wrongful termination.

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?

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 several elements the plaintiff must prove in a wrongful termination lawsuit in Los Angeles. The plaintiff is the party who files the lawsuit. The plaintiff must prove:

• They did not lose their job because of a valid, lawful reason
• Their job loss caused them financial hardship
• The damages they are seeking equate 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 refer to the emotional distress caused by wrongful retaliation. This is a part of non-economic damages, which is subjective to the plaintiff. We have several experts who can establish the pain and suffering the plaintiff has endured. Our experts include mental health professionals, psychologists, and related professionals.
• Legal fees
• Punitive damages: This happens in some instances when the employee can show that the employer acted with malice
• Future lost wages: if the plaintiff secures another job that pays less than the previous position, the plaintiff may recover the difference in salary.
• Rehiring: In some instances, if the employee wants their job back, the court may order the employer to reinstate them. This is a sporadic case.

What is the Family and 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

What is retaliatory wrongful termination?

California labor laws protect employees from retaliation for reporting their employer’s wrongdoing or exercising their legal rights. This occurs when an employee takes action, such as whistleblowing, and is retaliated against by being terminated 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 termination?

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 reason was only one of many factors leading to the dismissal, and the other factors were legitimate, an employee may still have a wrongful termination claim based on discrimination.

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 to show that the employer engaged in retaliatory wrongful termination.

• Evidence of discrimination against other co-workers
• Showing the 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
• Evidence showing that an employer violated its own company policies in terminating 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, meaning you will not pay us anything until we secure compensation for you. Our contingency fee agreements relieve the stress of navigating 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. That’s why no attorney can provide an exact dollar amount that applies to every wrongful termination lawsuit. We offer a free, no-risk consultation during which we review your case and determine the amount of damages you may receive.

It is important to note that employment lawsuits involving wrongful termination almost always settle, as litigation is very costly. A settlement is a convenient option for both parties, especially since trials could be very unpredictable.

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

• 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 will most likely want to settle out of court, since they may not have enough funding to go to trial.
• Front pay: the amount of money you would have earned if you had not been seeking another position. 
• Punitive damages: Los Angeles courts are very reluctant to award punitive damages to employees. This type of damage is exemplary, demonstrating the defendant’s actions. This occurs when your employer engages in wrongful conduct, such as malice. There are specific 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 a statute of limitations that sets a limit on when a plaintiff can bring their claim to court. If the plaintiff files their claim too late, the court will likely dismiss the lawsuit, and they will not be able to seek compensation.

There are different statutes of limitations for wrongful termination lawsuits in California.

• For defamation, the plaintiff must file their lawsuit within 1 year of the defamation.
• For terminations involving workplace fraud, the plaintiff must file their lawsuit within 3 years of discovering the scam.
• When an employer violates the employment contract, the employee has a claim against the employer for breach of contract. In breach-of-contract lawsuits, the employee has 4 years from the date of the breach to file a wrongful termination lawsuit.
• Under federal anti-discrimination laws, an employee has 180 days from the date of termination to file a charge with the Equal Employment Opportunity Commission.

What is the Equal Employment Opportunity Commission?

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 will then grant you the right to file a civil action in court.

 If the Department of Fair Employment and Housing determines through its 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 were an at-will employee in Los Angeles?

This is an employer-employee relationship in which either party can terminate employment at any time, for any reason. At-will employees almost always have an employment agreement. If you are an at-will 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 lawsuit.