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If You Sue Your Employer In Los Angeles, Can They Fire You?

Updated: Dec 31, 2022

What A Prescreened Los Angeles Employee Rights Attorney Says About It

You can sue your employer for violating your employment rights in California. However, your employer has no right to prevent you from doing so or punish you for going through it.

No, they cannot fire you for suing or reporting them for employment law violations in California.

If they fire you for suing them, you will be eligible for wrongful termination claims in Los Angeles, a.k.a. another employment lawsuit. Here's what you need to know about it, as experienced by a prescreened Los Angeles Employee Rights Attorney:

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I Was Fired After Suing My Boss. What Should I Do?

California labor law prohibits the termination of employees based on the following:

  • An employee's protected characteristics

  • A protected activity

In this case, reporting or suing your boss is considered a protected activity alongside taking time off to vote, serve the jury, serve in the military, or for eligible FMLA reasons. If your employer fires you because you sued or reported them, that act of retaliation falls under wrongful termination in Los Angeles.

When this happens, consult a prescreened Los Angeles Employee Rights Attorney. They will help you through all the crucial processes involving wrongful termination and other labor law disputes in California.

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How Do I Report My Boss For Wrongful Termination?

The usual process involves filing a report to the EEOC or DFEH. However, for our purposes, it's better to rile with DFEH as it operates under the broader coverage of California law.

Then, the agency will decide whether to investigate the claims for you or give you "permission to sue." Once you have "permission to sue," you and your Los Angeles Employee Rights Attorney can proceed with the case.

That said, you should always seek the advice of an Employee Rights Attorney before you make any moves. Your lawyer can advise you on what to do, know what documents to compile, and speak to your employer for you. This is the best way to ensure your case is preserved.

Do I Have To Sue My Boss For Wrongful Termination In Los Angeles?

You don't have to. However, if you have compelling evidence, employers will often choose to go for an out-of-court settlement. This saves them from having to go through trial and face more consequences. Hence, experienced Los Angeles Employee Rights Attorneys will always conduct their own investigations, compile enough evidence, and build a solid claim to ensure the results are in your favor.

That said, you shouldn't be afraid to take things to court if necessary. Remember, wrongful termination, and other employment rights violations can affect employees significantly. Employees tend to lose income, have reduced job opportunities, and experience emotional distress. A Los Angeles Employee Rights Attorney knows how important it is for employees to assert their rights and is ready to go up against employers for clients.

What Can I Get For California Wrongful Termination?

If successful, clients can get the following in damages:

  • Economic damages, including lost income, benefits, reduced job opportunities, reduced capacity to work, etc.

  • Non-economic damages, including emotional distress, mental anguish, etc.

The court can also award punitive damages to egregious or malicious cases. This is often done so defendants are punished or "made an example of" to deter them and others from doing so again. However, punitive damages are rare and only given in particular circumstances.

Contact Los Angeles Employee Rights Attorney to get a good estimation of your potential damages.

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