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 in their job searches after being let go. But, in certain circumstances, many employees experience illegal job terminations. 

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. For example, in Los Angeles, employees are considered “at will,” meaning companies can fire them at any time for any reason.

Although employees may be considered at will, the dismissal must not be unlawful. If an employee has been dismissed unlawfully, the employee 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. This is a situation in which an employee has been fired in violation of their legal rights under a California statute or rule, not because they believe their boss is being mean to them or singling them out.

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 in which 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 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:

• 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 the Los Angeles Court
• 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: this refers to the emotional distress caused by the 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 experts, psychologists, etc.
• Legal fees
• Punitive damages: This happens in some instances when the employee can show that the employer acted with malice
• Past lost wages: this includes a variety of benefits lost due to wrongful termination, such as wages, overtime pay, insurance, pensions, stock, and tips.
• Future lost wages: if the plaintiff can get another job that pays less than the old one, the plaintiff could 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 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 can take 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 their employer’s wrongdoing or for exercising their legal rights. This occurs when an employee engages in action, such as whistleblowing, and is 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 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 that led to the dismissal, and the other factors were legitimate, an employee may still have a case for wrongful termination 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
• Evidence that other employees who are not part of a protected class received preferential treatment
• 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
• Inconsistency between an employer’s praise of an employee and the reason why they were fired. For example, if an employee were previously praised for their excellent work ethic but was fired for having a poor work ethic, this would suggest there may be another reason for the firing.
• 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 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 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 give an exact dollar amount that fits 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. 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 settle, as litigation is very costly. 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 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.
• Back pay: if the amount you would have been paid had you not been wrongfully terminated is significant, your case will most likely seek a larger amount of damages.
• Compensatory damages: out-of-pocket expenses incurred due to workplace discrimination, harassment, or wrongful termination.
• Court fees: Court fees could be very costly and play a significant role in determining the amount of damages you could potentially be awarded.
• 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, serving as an example of 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 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 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?

Suppose you have been wrongfully terminated from your position at work. The first step is to contact the Equal Employment Opportunity Commission and file a claim regarding the wrongful termination. This government organization is dedicated 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 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?

Los Angeles is considered to be an at-will state. This is a type of employer-employee relationship in which either party can terminate the working relationship 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.