California is an at-will state, meaning that employees and employers are generally free to end an employment relationship without cause or reason. However, state law protects employees from wrongful termination resulting from an employer’s unlawful actions. Employees who believe they were wrongfully terminated can seek legal remedies with the help of a Los Angeles wrongful termination lawyer. If your employment was recently terminated through no fault of your own, schedule a free case evaluation with an employee rights attorney at Employee Civil Rights Group today.
Wrongful termination occurs when an employer unlawfully fires an employee. This illegal employment practice can occur in a variety of situations, depending on the employee and the circumstances surrounding their termination. In some cases, wrongful termination involves discrimination against an employee based on their protected status, including the following:
Wrongful termination also includes retaliation against employees for their participation in a protected activity or unwillingness to work under conditions that violate their rights. For example, an employee may be wrongfully terminated for acting as a whistleblower, filing a claim for other employer labor code violations, or taking protected leave under FMLA because of a family medical emergency. A Los Angeles attorney could review your wrongful termination case and help you determine the best course of action.
Closely related to wrongful termination is the concept of constructive discharge. Unlike wrongful termination, where the employer proactively ends one’s employment, constructive discharge occurs when an employee resigns due to the unlawful conduct of their employer. Examples of unlawful conduct include:
An employer could also bear civil liability for damages caused by their unlawful behavior. A wrongful termination lawyer in Los Angeles could help you understand your rights and explore legal options if you resigned due to employer misconduct.
A Los Angeles wrongful termination lawyer can be a valuable advocate for individuals whose employment ended because of an employer’s misconduct. An attorney could help by gathering key evidence and submitting a claim to the California Labor Commissioner’s Office. After a claim has been filed, they could represent you in hearings and settlement conferences with the Retaliation Complaint Investigation Unit to resolve the matter with your best interests in mind. In some cases, it may be necessary to pursue a claim in state court after receiving a right-to-sue letter from the Labor Commissioner’s Office.
Wrongful termination cases can become quite complex, especially if the defense counsel argues that the employment ended for a lawful reason, such as poor performance. Legal counsel could be especially helpful in refuting false arguments and seeking available damages. Civil remedies in a wrongful termination case could include reinstatement of employment, compensation for lost wages, and other losses resulting from the termination.
According to California Government Code § 12960, most wrongful termination cases have a three-year statute of limitations However, this period could be shorter or longer depending on the specific circumstances of a case. The timeframe for filing generally begins on the date of termination of employment. Failing to file within the statute of limitations period could prevent you from being able to pursue a claim for damages. A Los Angeles attorney could ensure that your wrongful termination claim is filed within this timeframe to preserve your right to sue.
A Los Angeles wrongful termination lawyer could be your aggressive advocate and work to efficiently resolve your case. At Employee Civil Rights Group, we are dedicated to timely communication and provide personalized service to ensure your concerns are addressed. Reach out to our office today.
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