Wrongful Termination Lawyer | Los Angeles & California
California Wrongful Termination Attorney: Representing plaintiff employees in wrongful termination claims throughout Los Angeles and California.
Have you recently been fired from your job?
California employers have a legal obligation to refrain from discharging an employee for any reason that violates the law. This obligation stands independent from any express or implied promises arising under any potential employment contract.
What is wrongful termination?
Wrongful termination is a claim that can be brought against an employer for terminating an employee for an unlawful reason.
Can my employer terminate me for any reason if I am an “at-will” employee?
While it is true that employers can arbitrarily fire “at-will” employees, an employer is not entitled to fire an employee for any reason that violates the law.
Violations of law are exceptions to California’s at will provisions. Thus, in simple terms, an employee’s at-will status does not provide California employers the right to terminate employees if the reason for termination was unlawful.
What is an unlawful reason for terminating an employee in California?
There are numerous employment laws in California protecting employees from wrongful termination. Some common unlawful reasons for terminating a California employee include, but are not limited to:
- Physical Disability
- Mental Disability
- Maternity Leave
- Family Medical Leave
- Race Discrimination
- Religion Discrimination
- Sex Discrimination
- Age Discrimination
- Sexual Orientation (LGBT) Discrimination
- Retaliation for complaining about an employer’s violation of employment laws
What if my employer had mixed motives for terminating me?
Some cases involve “mixed motives” in which both legitimate and illegitimate factors contributed to the employer’s decision to terminate the employee. In such cases, the plaintiff may still bring a claim for wrongful termination provided they demonstrate that the illegitimate factor played “a motivating or substantial role” in the employer’s decision to terminate.
What if my employer claims that the reason for termination was legal?
The “official” reason provided by your employer for terminating your employment is not dispositive on the issue of liability. In reality, employees are commonly fired because of an ulterior unlawful motive, rather than the official reason provided by the employer. Thus, courts will look to the circumstances surrounding the termination in evaluating whether the termination violated the law or not.
What if my employer claims that I am an at-will employee?
As discussed above, at-will employees can be terminated for no reason, and without notice. However, the motivating factor for the termination of the employee cannot be unlawful or violate public policy.
Can my employer fire me without giving me a warning or following disciplinary procedures?
If you are an at-will employee, then your employer is not required to provide you with any warning or fair disciplinary procedures. However, you may still have a cause of action for wrongful termination if it can be established that the real reason for termination was unlawful.