Employers in Lakewood have the right to terminate employees for any reason or no reason at all, according to the system of at-will employment. However, the laws prohibit discrimination and retaliation, and either of these practices may be involved in a wrongful termination.
If you believe that your recent loss of employment was based on illegal circumstances, please contact California Labor Law Employment Attorneys Group. An employment lawyer can educate you on your rights and the legal actions you can take if you were unlawfully fired by your employer.
What Makes a Termination Wrongful?
The at-will employment system in California can be confusing, as it gives the impression that you can be fired at any time, just because your employer feels like getting rid of you or finding someone else to do your job. To some extent, this is true, but there are situations where a termination violates state and federal labor laws. What does this mean? Let’s take a look at the different examples of wrongful termination you may be subjected to:
- Retaliation:
your employer may fire you as retaliation for engaging in a protected work activity, like whistleblowing, asking for disability accommodations, taking maternity leave, and filing a harassment complaint with HR. - Discrimination:
firing someone based on traits that are protected by federal and state labor laws (race, sexual orientation, religion, gender, pregnancy, disability, being over the age of 40, etc.). - Medical / Maternity Leave Violation:
the vast majority of workers are entitled to unpaid, extended medical leave. If you were fired after asking for or coming back from eligible leave time, your employer has committed a legal violation. - Breach of Contract:
if you signed an employment contract, it may have terms pertaining to how and when you can be fired. Or, you may have a verbal agreement with your employer that was violated by their decision to terminate you. - Breach of Public Policy:
It is illegal for employers to fire someone or take other punitive actions against them when they need time off for jury duty, voting, and other civic duties.
Proving A Case of Wrongful Termination
No matter where you work and what you do for a living, it’s unlikely that your employer will outright admit that they fired you over an unlawful reason. So, just how do you prove that you are a victim of wrongful termination?
Collecting as much evidence as possible is the best way to show that your employer broke one or more laws when they chose to fire you. A solid strategy is to show a pattern of behavior leading up to your loss of employment. For example, make sure to have a written log of all incidents involving harassment, discrimination, denied promotions, demotions, and other unfair treatment. If you know of other coworkers that were subjected to similar treatment, ask for written statements, though it’s understandable if they say no due to the fear of losing their job or further abuse from the employer.
It’s in your best interest to report all incidents of discrimination, retaliation and other illegal treatment by your employer to Human Resources. First and foremost, they have a duty to investigate such allegations and do their utmost to protect you. Second, you must make attempts to resolve the situation internally before filing a labor board complaint or lawsuit.
Make sure to keep copies of any communications between you and your employer regarding the allegations, complaints, etc. You should also try and collect photos, screenshots, audio recordings, and other hard evidence to substantiate a claim that you were targeted for unlawful treatment at your job.
This is just the tip of the iceberg when it comes to proving a case of wrongful termination. As a resident or worker in Lakewood, CA, you can turn to us for advice and guidance if you were fired from your job without legal justification.
What can I Receive from a Wrongful Termination Lawsuit?
If you are eligible to sue your employer over a wrongful termination, you can obtain monetary damages, such as:
- Compensation for lost wages / salary, including any unpaid commissions, tips, overtime, etc.
- Money towards the loss of work-related benefits, like PTO, healthcare, and retirement contributions
- Future lost wages based on the level of difficulty in finding a new job
- Compensation for emotional / psychological suffering (emotional distress, loss of enjoyment of life, pain and suffering, etc.)
- Punitive damages awarded by a jury if your employer’s conduct is ruled as exceptionally negligent or malicious
- Job reinstatement if you want to resume the same or equivalent position with your employer. Note that many claimants do not pursue this option, as the level of trust and cooperation between them and the employer cannot be repaired.
Give us a call 24/7 to learn about these payments and what you are entitled to from a lawsuit for wrongful termination.
How We can Help You
At the end of the day, filing a legal action against your employer is a big decision that may not be right for everyone. But it’s clear that employers in Lakewood and other California cities often take advantage of their power over an employee, knowing that most workers are unaware of their rights under state and federal labor laws.
This is why legal advice is so important if you suspect that your employer broke the law when they fired you. Our wrongful termination lawyers are ready to investigate your case and help you do whatever is necessary to hold your employer accountable. If you are interested in pursuing an employment rights violation complaint, you pay $0 towards the cost of legal fees. We take all cases on contingency, and that means our payment is based on our ability to win your case. Thus, you do not pay us anything out of pocket, and if we fail to recover your settlement, you pay us $0 under the terms of the Zero Fee Guarantee.
Contact California Labor Law Employment Attorneys Group today and talk to a California employment lawyer in Lakewood.
