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California Wrongful Termination

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California Wrongful Termination - State Bar Certified Lawyer Referrals 

Los Angeles Wrongful Termination Lawyer Referral & Information Service. A Service Approved & Certified By The California State Bar.

Submit your wrongful termination claim online 24 hours a day. You'll get an answer within minutes about your legal claim and an unbiased referral to a pre-screened Los Angeles wrongful termination attorney near your location for a FREE question and answer session. 

 

Employees in any city of California including Los Angeles who are wrongfully terminated from their position in violation of an employment contract, for any type of discrimination reason, or for exercising their legal rights may have a wrongful termination claim.

 

In California, most employees work at will, this means their supervisor or manager may terminate their employment, with or without notice.

 

However, the state of California has created a number of illegal situations where an employer cannot fire an employee. An experienced wrongful termination attorney in Los Angeles can analyze all details of your wrongful termination claim to find out if you can be compensated from damages.

 

Los Angeles Wrongful Termination Due To Contract Claims

 

If you have an employment contract that clearly states you will be working for a certain length of time, or that limits your employer's ability to fire you, your employer must comply by the terms and conditions of such contract.

 

If your employer terminates your employment in violation of such terms, most likely you have a very strong claim for wrongful termination against your employer and you can immediately file a lawsuit in the Los Angeles court system. It's important to find a wrongful termination lawyer who knows the Los Angeles court ecosystem and has experience in wrongful termination case in Los Angeles

1000Attorneys.com is a California Bar Certified lawyer referral and information service and you can benefit from our vetting process to find experienced and reputable wrongful termination lawyers in Los Angeles for FREE.

 

An employment contract in California may be executed in writing or in some cases an oral agreement. An employment contract may also be implied, which means that even if there's no formal agreement certain actions or statements by your employer are sufficient to establish a contractual responsibility. If your employer acts or deliberately violates any statement, you may be able to file a lawsuit for wages, benefits, and any other awards or compensations you should have received.

 

Los Angeles Wrongful Termination Due To Discrimination Claims

 

In California, an employer cannot fire an employee based on certain protected characteristics such as race, color, ethnicity, religious beliefs, gender (including pregnancy or maternity leave), age, disability, medical information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, FMLA, political beliefs or activities, military status, or status as a victim of domestic violence, stalking, or assault.

 

If you were fired from your job because of ANY of the situations above, you may have a strong wrongful termination case in Los Angeles and you should immediately consult with a reputable and experienced Los Angeles wrongful termination attorney from our network.

 

If you win a wrongful termination lawsuit in California, your employer can be forced to pay not only your lost wages and benefits, but also your legal fees, court costs, emotional distress, and in some cases punitive damages. Including in the compensation you receive are  legal fees which means there is not up money costs to you in order to hire the best Los Angeles employment lawyer.

Los Angeles Wrongful Termination Due To Retaliation Claims

 

California employers cannot terminate an employee for defending his or her employment rights. Common situations we have encountered in the past are:

 

  1. You may not be fired for filing a complaint of discrimination or harassment.

  2. For requesting or taking family and medical leave.

  3. Taking time off to serve on a jury duty.

  4. Filing a workers' compensation claim, or

  5. For filing a complaint about illegal wage and hour practices (such as unpaid overtime or illegal tip-sharing arrangements).

 

Most employees are unaware that California is perhaps the state that has the most restrictions for employers when it comes to fire someone, which means there are many potential situations for retaliation claims.

 

If you were fired from your job because you filed a complaint or for exercising a right granted by law, you must submit a California wrongful termination claim immediately to one of our pre-screened employment lawyers

 

The compensation you may receive as a result of a wrongful termination lawsuit depends on the specifics of your situation. During a personal and confidential interview, the attorney who has extensive experience in California wrongful termination cases will be able to assess your case and advise you on how to proceed taking into account what law was violated.

California is a condition of work at-will. This means that employers in Los Angeles and across California may fire an employee for any cause and at any time without a contract, arrangement, or an exception to a law or regulation. Where uncertainty sets in, the last part is.

 

Employees assume that it doesn't matter whether the employer does so because you just advised your supervisor that you are pregnant or because you are of Mexican descent and your boss wants a wall constructed and sent back to Mexico for all Mexicans, that an employer can fire them for any reason and at any moment. 

But it matters. To a certain degree, the right to fire someone at any time is restricted. You are shielded from termination based on your status in a protected class when you belong to any of the above-protected classes. If you are a whistleblower or are concerned about unpaid salaries, unsafe health and safety conditions, or violations of the Labor Code, you are still covered. 

All workers have these safeguards at their disposal, including: 

  • Employees paid by the hour

  • Salaried workers 

  • Employees on contract. 

By California law, employers are expected to take the appropriate measures to avoid discrimination and abuse. Under Cal Gov Code § 12940 and confirmed in Trujillo v. North County Transit Dist., (1998) 63 Cal., to fail to do so. App. App. 4th 280, 286, means the employer engages in the practice of unlawful work. 

 

What are my legal options if I am a victim of wrongful termination in Los Angeles?

 

California employees who have been wrongfully terminated have several remedies available. Remedies that could be at your disposal include: 

  • Lost wages (back pay) 

  • Lost future wages (front pay) 

  • Reincorporation (if terminated) or recruitment (if not hired) 

  • Promotion (if refused on the grounds of prejudice against you) 

  • Expenses from out-of-pocket 

  • Changes to regulations (if prejudice is based on a policy) 

  • Education (to teach employers and workers about unfair termination) 

  • Fair accommodations (in situations where prejudice is focused on a medical condition, for example) 

  • Emotional damage (emotional distress is traumatic in itself, but it can also lead to a host of health problems) 

  • Punitive compensation (when the discrimination is too gross) 

  • Legal fees and costs.

How are wrongful termination claims filed in Los Angeles

In Los Angeles, how wrongful termination lawsuits are carried out depends largely on the form of wrongful termination. If the unfair termination claim is focused on discrimination, intimidation, or retribution, then the California Department of Equal Employment and Housing (DFEH) will likely have to file a pre-complaint investigation. Via this submission, you may request the DFEH: 

  • Investigate the argument and overcome it; or 

  • Issuing a right of notice to sue, which requires you to put your case to court. 

 

If a breach of contract or breach of public policy is the product of your wrongful termination argument, you can file your case directly with the proper state court in Los Angeles, usually a Superior Court in Los Angeles. 

Until the lawsuit is filed in the proper court, the case must be served on the employer and any other adverse party in compliance with the California Rules of Civil Procedure.

 

In court, this begins the claim process, and the employer may have an opportunity to respond to the allegation. Hearings will be set up and the discovery process will allow you and your wrongful termination lawyer to subpoena the employer for some paperwork and admissions. The same incentive will be granted to the employer. 

If an agreement is not found, then the case will go to trial. It all depends on the facts and conditions, and in certain situations, the trial will deliver a better result than a settlement. However, in a courtroom, there are still uncertainties, since a jury can be unpredictable. Consulting with the best employment attorney in California on the right choices for you is always best. 

How long do I need to file a wrongful termination complaint or a claim

You typically have to file a wrongful termination lawsuit within two years. However, for wrongful termination in California, the statute of limitations varies according to the form of case filed. 

If you have been wrongfully dismissed because of prejudice based on a protected class or have been threatened and the lawsuit is lodged at the DFEH, you have one year from the date of termination. 


If the DFEH has not settled the lawsuit or given a right to sue notice, you have 90 days from the date the DFEH made a decision to file a complaint with a state court.


If you were wrongfully terminated in breach of public policy where you engaged in a protected activity ( e.g. filing a lawsuit with the Equal Employment Opportunities Commission, which is a protected act), you have twenty four months from the date of termination. 

  • If an oral or implicit contract has been broken, you have two years. 

  • If a formal contract has been broken, you have four years. 

 

Your California wrongful termination lawsuit will be dismissed if you fail to file within the proper statute of limitations. You may be eligible for an exemption only if there are extenuating or significant circumstances. It is necessary to locate an experienced attorney in Los Angeles who can ensure that you file in a timely manner. 

What do I need to support my wrongful termination case in Los Angeles

  • What you need to prove in order to win your wrongful termination depends on what your experience of wrongful termination was. You're going to have to demonstrate: 

  • There was an employment relationship; and 

  • Your manager has dismissed you; or; 

  • You have been forced to leave, and 

  • Termination or constructive termination has been performed wrongly. 

  • You must establish that you are a member of a protected class in cases of discrimination and that the latter was consequential to the termination. 

 

You must indicate that you have been dismissed for one of the following reasons in public policy breach cases: 

  • Report of a legislative breach (which the public gains from reporting); 

  • Refusing to break a statute; 

  • Fulfillment of a statutory duty; or 

  • Execution of a civil right. 

 

In harassment cases, you must establish that you have been dismissed because of a harassment complaint. You must prove that the termination was due to a violation of the contract in infringement of contract proceedings. 

 

How you prove your particular case will rely on the circumstances and evidence, and the type of case, as noted above. It is necessary to maintain records, including names of relevant persons and copies of relevant documents, of what is or has happened in the workplace. 


Who do I need to contact if I need to file a wrongful termination claim in Los Angeles?

In California, wrongful termination claims may be complicated. Often, simply not knowing what to do or where to go is the first error. Your best choice is to find a pre-screened experienced attorney in employment law to help direct you through the process and ensure that each step of the way is aware.

Conduct due diligence! Most likely, you'll find hundreds of ads and posts from wrongful termination lawyers in California who claim they are experienced and reliable. Every year, there are thousands of complaints filed against attorneys for ethical misconduct. Make the right decision from the start, get a lawyer referral.

 

Your pre-screened wrongful termination lawyer will ensure that you follow the proper process with your particular case, sometimes your wrongful termination claim may not go directly to court. Any mistake can jeopardize the outcome of your claim, working with the right and top-rated California employment lawyer can make a big difference.

wrongful termination attorney los angeles

California State Bar Certified Lawyer Referral And Information Service

1000Attorneys.com is a California State Bar Certified and approved Lawyer Referral and Information Service.

We provide unbiased and impartial lawyer referrals. This service isn't owned nor operated by lawyers receiving. referrals.

 

Our objective is that you receive the best comprehensive, high-quality legal representation while holding California attorneys to the highest standards of professional conduct.

Why Lawyer Referrals Matter

 

 

 

 

 

 

 

 

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We offer unbiased California attorney referrals and conduct due diligence by researching and recommending the best local attorney for your case. 

 

We verify attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

 

Our History 

 

Since 2005, we have assisted people who need legal representation but whose ability to locate reputable California Lawyers is frustrated by unreliable law firm marketing of self-promoting lawyers and biased legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client. 

A representative will follow up a few days later via email with the client after receiving a referral for quality management purposes, or to obtain the status of the case. 

About lawyers from our network


California lawyers in our network are insured, in good standing with the California State Bar, and have substantial experience in their practice area.

 

Attorneys are available in most areas of law throughout Southern California. Every lawyer in or network has been vetted for:

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Additionally, we conduct criminal  background checks and attorneys are always monitored by our service.  

How to find the best lawyer for your legal case: 

1. The fastest way to have your legal issue reviewed by one of our attorneys is to send your details online.

 

Your information will go directly to our 24 hour legal department bypassing our call center. You will get a reply via email within 15 minutes. 

2. You may also inquire about your legal issue via chat where you can get more information related to different areas of law that apply to your case.

3. By calling our lawyer referral hotline 661-310-7999. However, our agents are not attorneys and cannot provide legal advice. Due to high call volumes, it's highly recommended that you use option # 1 above. 

Find a Reputable California Wrongful Termination Lawyer Now!

Submit your California wrongful termination claim online now and get a reply within 15 minutes. 

 

Attorneys are pre-screened, monitored and certified in California Employment Law and wrongful termination. 

 

Lawyer referrals and personal legal consultations are FREE.

Frequently Asked Questions About Wrongful Termination In Los Angeles

How do I find the best wrongful termination lawyer in Los Angeles? 

Don't rely on attorney marketing, conduct due diligence or request a referral to a pre-screened California wrongful termination lawyer by contacting an accredited lawyer referral service.  

Is wrongful termination hard to prove?
In California employment discrimination and wrongful termination cases are sometimes difficult to win because the employee must prove that the employer violated local and federal employment laws (i.e. the employee was fired because of his skin color, sex, pregnancy, national origin, etc.)


What is the average payout for wrongful termination?
The average settlement for wrongful termination cases in Los Angeles is around $40,000, the average value of a court verdict in wrongful termination cases is sometimes larger, around $45,000 to $50,000. Your settlement amount largely depends on how you can prove your wrongful termination claim and how well you are being represented in court. 


What should I do immediately after being fired?
1. Gather evidence, document everything and ask the right questions.
2. Document everything. 
3. Check your unemployment benefits.
4. If you believe you've been wrongfully terminated, consult with a lawyer.
5. Work on your resume and set google job alerts. 

 

Can you get your job back after wrongful termination?
Your employer may be ordered to reinstate your position from the court after a wrongful termination lawsuit, but if you feel uncomfortable, you can deny a return. Typically, the ability to get your job back will be entirely up to you if the court orders reinstatement as a remedy.


What are wrongful termination examples?


How long do wrongful termination cases take?
From the filing of the Complaint to a jury verdict can take anywhere from 12 to 16 months in federal court. It can take anywhere from 12 to 20 months in state court. Many times employers will try to settle out of court which cuts down on the time it takes to reach an agreement. 


What qualifies as wrongful dismissal?
Wrongful dismissal occurs most commonly where an employer dismisses an employee without notice or with insufficient notice under their contract of employment.


What counts as wrongful dismissal?
Wrongful dismissal is a breach of contract by the employer. It occurs when an employee is dismissed from their employment without notice, or the correct amount of notice in accordance with their contract. It also occurs when employment is terminated in breach of the terms of the contract.


What happens in a wrongful termination suit?
California wrongful termination cases are civil lawsuits. If you file a civil wrongful termination lawsuit, you are asking the court to order your former employer to  to compensate you for losses and damages caused by the wrongful termination. 


Can employers check if you got fired?
There are no federal laws restricting what information an employer can - or cannot - disclose about former employees. If you were fired or terminated from employment, the company can say so. Because most employers are concern about lawsuits, most employers will only confirm dates of employment, your position, and salary.


Is it better to quit or get fired?
If you are being harassed at work and want to quit, consult with a California employment lawyer first. 


Is Terminated the same as fired?
Being fired means that your company ended your employment for reasons specific to you. This is also be referred to as “terminated” by some employers. Getting laid off is something different, and means that the company eliminated your position financial or for strategic reasons.


What does job termination mean?
Termination of employment refers to the end of an employee's work with a company. Termination may be voluntary, as when a worker leaves of their own accord, or involuntary, in the case of a company downsize or layoff, or if an employee is fired.


Can a union employee be laid off?
Union employees can only be terminated for “just cause,” and the misconduct must be serious enough to justify such action. Before a union employee can actually be terminated, he or she can go through a grievance procedure, and/or arbitration.


What is termination with cause?
In general, to be terminated for cause, a contract should indicate that an employee must do something (or fail to do something) that causes harm (or risks harm) to the employer, and that violates a company rule or a state or federal law.


How do I know if I am wrongfully terminated?
You know you are wrongfully terminated when your employer violated written or implied promises. Also, you know you were wrongfully terminated when your employer singled you out and discriminated against you in violation of state and federal workplace discrimination laws. 


How can I prove I was wrongfully terminated?
To prove wrongful termination in California, you must prove that the employer's reason is false and that the real reason you were terminated from your employment is an illegal one.


What is a good settlement for wrongful termination?
The average amount of compensation awarded in wrongful termination settlements varies widely, but some wrongful termination cases  in California settle for as low as $5,000 to $80,000 (or more)


What are the 5 fair reasons for dismissal?
The “causes” that are grounds for legal termination include: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.

More on wrongful termination claims in Los Angeles:

Everything you need to know about California workers compensation claims (2021 Guide For Employees)

 

Gender discrimination in the workplace

 

How do I prove age discrimination at work?

 

Disability discrimination in the workplace, a guide for employees

 

Discrimination against pregnant employees, how to report it

Sexual harassment at work and the #metoo movement

California employee rights 2022

Wrongful termination laws 2022

Employment lawyer referrals

Genetic information discrimination

Filing a claim with the Equal Employment Opportunity Commission (EEOC)

Los Angeles Wrongful Termination Blog