Attorney to File Wrongful Termination Against Film Studio Company
Working for a film studio may be your dream, but being wrongfully terminated is anyone’s nightmare. Film studios are not immune to the laws which permeate through the land, and so if they want to fire an employee, the reason they do so must not be against the law. Employees that have been terminated for an unjust reason are known have been “wrongfully terminated.” If you believe that you have been wrongfully terminated, the California Employment Attorneys Group is here to ensure that you get the restitution you rightfully deserve.
Most employees in the U.S. work “at-will.” Being at-will means that they have the freedom to quit at any time, but it also means they can be fired at any time, without any rhyme, notice, or reason. However, an at-will employee can’t be fired for reasons which are considered illegal. Employees cannot be fired for reasons which are considered discriminatory, intended to punish the employee for whistle-blowing, or in violation of employee protection laws like the Civil Rights Act, OSHA, National Labor Relations Act, and other such laws/acts.
Film studios like Warner Bros., 20th Century Fox, Universal Studios, Walk Disney Co., Disney, Paramount, and Sony Pictures all have to adhere to the law and can only terminate employees if their reason does not violate any laws. There are certain reasons over which an employee cannot be fired. If you believe that you have been wrongfully terminated by the film studio company for which you work, then you may have the grounds to file a lawsuit against them and collect the damages for which you are rightfully entitled. The California Employment Attorneys Group can help you along every step of the way. Below are the reasons over which an employee cannot be legally terminated.
If you signed a contract which states that you have job security, you might not be an “at-will” employee in the eyes of the law. Employers are contractually obligated to stick to that contract, and employees who are fired for reasons stated in that contract may file a lawsuit against their former employer. For example, let’s say that the contract states you can only be fired for good cause – like a decrease in performance. Then one day, one of the film executives brings you into his office and says that they have to let you go, even though your performance has not declined. You have the right to sue the film studio company and possibly collect damages.
There may not be any written contract in existence, but the nature of the implied contract can offer you protections from termination. An implied contract is an agreement based on things your employer said or did upon your employment. This can be difficult to prove as there exists no physical evidence which proves your employer made any such promise. When deciding on whether an implied contract exists, the courts look at several facts which they can piece together to assume an implied contract:
- Duration of your employment
- Consistency of job promotions
- Previous performance reviews
- Whether the employer broke usual employment practices when firing you
Violations of Public Policy
It is illegal for an employer to terminate an employee for reasons which violate public policy. Examples of protected public policy include:
- Taking time off to serve on a jury
- Taking time off to vote
- Serving in the military or National Guard
- Notifying a government agency about an illegal actions or wrongdoing that is harmful to the public, also known as whistle-blowing.
Employers are not allowed to terminate an employee, or take any employment-action, based on protected characteristics. This is known as discrimination and is illegal. Protected characteristics include things like race, sex, skin color, country of origin, gender, religion, age, disability, pregnancy, genetic information, sexual orientation, or gender identity/expression, you should talk to a lawyer as soon as possible. For example, if your employer terminated you for being Latino, then that means he racially discriminated against you. This action gives you have the grounds to file a lawsuit for wrongful termination.
It is unlawful for employers to retaliate against employees who engage in legally protected activities. In order to show that you lost your job because you participated in a protected activity, you must prove the following:
- The activity in which you engaged was a legally protected activity, like filing a complaint with the Equal Employment Opportunity Commission (EEOC);
- That the activity in which you partook prompted your employer to act; and
- Your employer’s acts had a negative consequence against you.
For example, let’s say that you witnessed your employer discriminate against one of your Black coworkers; your employer demoted that employee and replaced her with a white employee. You then bring a charge to the EEOC, and they launch an investigation. If your employer finds out that it was you who brought the charge, and then retaliated by terminating you, then you have the grounds to file a wrongful termination against your employer because the activity which you participated in is considered a protected activity.
Whistle-blowing laws protect employees who disclose employer practices which are unlawful or harm the public interest. These can include any laws, regulations, or ordinances, as well as environmental regulations or labor laws. For example, if your employer dumps old film equipment into the ocean, you can report that illegal activity without having to worry about action being taken against you. If your employer fires you for reporting them, you have the right to file a lawsuit against your employer.
What Damages Are Available to Me?
There are a number of damages which are available to you if you are wrongfully terminated from your job. “Damages” is the monetary compensation which is awarded to you if the courts deem that your terminated was, indeed, unlawful. The damages which you can get are listed below:
- Lost pay – As the name suggests, this the amount of money you would have made if you had not been wrongfully terminated.
- Lost benefits – If you lost your benefits, like health care, retirement fund, and other such benefits, the courts may quantify the amount and award it to you.
- Emotional distress – Being wrongfully terminated can be a traumatic experience for the victim. Generally, juries only award emotional distress if the employee’s attorney can prove that the employer acted with the intent to hurt the employee.
- Punitive damages – These damages are further punishment for the employer’s disregard of the law.
- Attorney fees – Your employer may be forced to pay the fees which your attorney is demanding. These do not count against your settlement but are added on top of them.
If you believe that your employer has wrongfully terminated you, you may have the grounds to file a lawsuit against your employer and collect the damages to which you are entitled. Your film studio company cannot fire you for reasons which are considered illegal by law and can face legal action if they disregard the law. The California Employment Attorneys Group is here to ensure that justice gets served and that your employer pays for their unjust actions. We offer free consultation and the zero-fee guarantee. So that from the very first day, you do not owe us a penny. We only collect our fees if we do our jobs and get you the compensation you deserve. There is no financial obligation nor financial risk on your part! Call us today to see what we can do for you.