Wrongful Termination Lawyer
Have you been wrongfully terminated from work? We are very strong advocates of our wrongful termination clients and will work to get the justice you deserve. We will put your interests first.
Our experienced wrongful termination attorneys understand that being let go from a job could be very difficult, financially and emotionally. Especially during covid-19, many people are left scattered to find a job after being let go. But, in certain circumstances, many employees experience illegal job terminations.
If you believe that you have been wrongfully terminated (wrongfully discharged) from your job, an experienced employment attorney may be able to help you get the compensation you deserve. Getting fired is a tough pill to swallow for most people, but losing your job unlawfully is even worse. Fortunately, there are steps you can take to ensure that you are properly compensated if you lost your job unlawfully, and the team of lawyers at Heidari Law Group can help you get started today.
What is Wrongful Termination in California?
Wrongful termination occurs when an employer violates the law when letting go of their employees. It is important to note that each state has different statutes and laws regarding wrongful termination. For example, in states such as California, employees are considered “at will,” which means that companies can fire employees at any time, for any reason at all.
Although employees may be considered at will, the dismissal must not be unlawful. If an employee has been dismissed unlawfully, employees 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 the California labor law. In other words, this is a situation where an employee has been fired from a job in a way that violates their legal rights granted by a statute or rule within California employment law, not because an employee believes their boss is being mean to them or singling them out specifically.
What is Wrongful Termination in Nevada?
Nevada is also an “at will” state similar to California. However, wrongful termination occurs when a Nevada employer fires as an employee because they are:
- Discriminating against the employee on the basis of race, nationality, sex, religion, age, disability, gender expression, or sexual orientation
- Letting them go as a breach of contract terms: this occurs when there has been a written or oral contract and the employer violated their duty of good faith and fair dealing in the contract.
- Letting them go as a means of retaliation against the employee: this occurs in cases where the employee took some type of action, such as whistleblowing, and the employer fired him/her for that very reason.
It is important to note that these three laws do not apply to all employers. In Nevada, these wrongful termination laws only apply to companies and organizations that have more than 15 employees. If you believe that your employer has discriminated against you in any one of the above circumstances, contact our Nevada wrongful termination attorneys today to see if you have a valid claim.
What Damages Can I Receive After Being Wrongfully Terminated?
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 just to the plaintiff. We have several experts to establish the pain and suffering that the plaintiff has gone through. Our experts include mental health experts, psychologists, etc.
- Legal fees
- Punitive damages: this happens in certain cases when the employee is able to show that the employer acted with malice
- Past lost wages: this includes a variety of benefits that were lost because of the wrongful termination, such as wages, overtime pay, insurance, pensions, stocks, tips.
- Future lost wages: if the plaintiff was able to get another job, but that new job does not pay as much as the old one, the plaintiff could potentially be able to recover the difference in salary.
- Rehiring: in certain cases, if the employee does want their job back, the court may order the employer to reinstate the fired employee. This is a very rare 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 could leave for 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?
Both state and federal laws protect employees against retaliatory action for reporting wrongdoing of their employer or when an employee is exercising their legal rights. This occurs in circumstances when the employee engaged in some type of actions such as whistleblowing, and was 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 reasons were only one of the many factors that led to the dismissal, and the other factors were legitimate, an employee may still have a case for discriminatory wrongful termination.
Under both California and Nevada, discrimination is classified as an illegal dismissal based on the employee’s inclusion in a protected class such as:
- Sexual Orientation
- Age (for employees over 40)
- Ethnicity / National Origin
- Family Status
- Veteran Status
How Can I Prove Retaliatory Wrongful Termination?
Below are some examples our attorneys could use in order to show that there has been a retaliatory wrongful termination on behalf of the employer.
- Evidence of discrimination against other co-workers
- Evidence that other employees who are not part of a protected class received preferential treatment
- Showing 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 was previously praised for their excellent work ethic but was fired for having a bad work ethic, this would imply that there may be another reason for being fired.
- Evidence that shows that an employer violated their own company policies in the termination of the employee.
How Are Our Attorneys Paid?
Our attorneys work on a contingency fee basis, which essentially means that you will not have to pay a seat unless we win compensation for you. Please visit our page on contingency fees.
Get In Touch with Our Wrongful Termination Attorneys Today
If you or a loved one believe you have been wrongfully terminated by your employer, contact an expert team wrongful termination attorneys at Heidari Law Group. We have offices located in cities such as Los Angeles, Las Vegas, Fresno, or Vine, etc. We are available via phone, email, or in-person 24/7. Our attorneys will fight for all the damages that could potentially be available for your case, including past and future earnings, pain and suffering, legal fees, etc. Get the experienced legal help you need today.