Wrongful Termination California_

Wrongful Termination California

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Wrongful Termination: Was Your Firing Illegal?

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What Doesn’t Count As Wrongful Termination

Most workers in the United States are “at will,” which means their employers can dismiss them for any reason or no reason at all as long as it isn’t discriminatory.

This implies that your employer may terminate you without notice or explanation whenever they see fit, and it’s usually legal for them to do so.

In fact, many businesses choose to give as little notice or explanation as possible, even going so far as to refer to the termination as a layoff rather than take the chance of breaking the law by providing a discriminatory reason.

It is legal for your employer to fire you without notice if you do not have an employment contract or a collective bargaining agreement that demands a specific period of notice.

It’s also possible that you’ll be escorted from the workplace without notice, even if your employer did not give you a chance to improve issues with your job performance. So, should your HR team want to be able to terminate you on their own initiative, they must create a procedure for termination that includes a performance improvement measure. (Although many employers will establish a standard process for dismissal that includes a performance improvement plan to avoid legal hassles and keep the staff happy. )

Examples Of Wrongful Termination

It is against federal law to discriminate against workers in employment, hiring, or promotion due:

  • Sex or Gender
  • Race or Color
  • Religion
  • National Origin
  • Disability
  • Pregnancy
  • Age (over 40, according to federal law, although some states offer protections for workers younger than age 40)
  • Genetic Information

Workers can also pursue or file a charge with the Equal Employment Opportunity Commission if they are sexually harassed at work, fired for being a whistleblower, subjected to constructive discharge (aka forced to quit), or subjected to a hostile work environment.

Unless you intend to file a lawsuit under the Equal Pay Act, you must first submit a charge with the EEOC in order to sue your employer for wrongful termination. You can proceed with a pay discrimination lawsuit without receiving a notice of the right to sue from the EEOC if you plan to sue your employer under the Equal Pay Act.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

At-Will Employment

The at-will employment policy is one source of misunderstanding surrounding termination. Many employers today only offer “at-will” employment to their employees. “At will” employment is a non-contractual employment situation in which an employer and employee have the option to terminate their business connection at any time. An employee is not obligated to work for an employer for a fixed period of time under contract. The employer is not required to keep the employee’s employment for a specific length of time.

Under the “at-will” employment arrangement, employers have the right to alter job descriptions. Many terminated workers do not feel they have the right to contact Los Angeles termination attorneys because they signed up for an “at-will” situation. The law, however, prohibits certain reasons for termination. As a result, an employee who has been terminated should contact Wrongful Termination California as soon as possible to discuss their case. That section of the law might serve to protect him or her.

Federally Protected Subjects

Despite an at-will employment agreement, workers are granted some protection from unjust terminations. Employers are not permitted to dismiss staff due to a pretext for termination if the cause is related to certain federally protected demographics and traits. An employer, for example, may not fire someone who is over 40 because of his or her age. An employer may also not fire a person due to their disability. They can’t terminate someone based on pregnancy or gender, either. Race, religious creed, and sexual preference are examples of federally protected characteristics. Any employer who terminates an employee because of the subjects or circumstances mentioned above may be held liable to provide financial compensation or a return to work.

Prohibited Termination Situations

If an employer fires a worker for taking a federal-protected medical leave such as FMLA, the law may intervene. If they’re fired because they took an FMLA leave, all employees who have completed one year of service and worked 1,250 hours are eligible to file a wrongful termination suit against their employer through Los Angeles wrongful termination attorneys. Additionally, employees who have provided an open-door conversation or complaint may have legal safeguards if they are discharged in response to it.

How To Determine Your Cause Of Termination

If you were wrongfully terminated, it’s critical to figure out what the employer used as the underlying cause. For example, if you called out sick more than the company allowed in its handbook and was terminated, they might claim it is due to a failure to deliver. You should ask for the paperwork that your employer provided as a justification for your termination. Most likely, this will say why they fired you. As soon as you have such documentation in hand, get in touch with an attorney immediately.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

What To Do If You're Wrongfully Terminated

If you believe your employer has terminated your employment improperly, there are a few things you can do. You can contact the Equal Opportunity Employment Commission and submit a complaint regarding your termination. The EEOC, which is part of the US Department of Justice, will investigate your case and contact the employer. They will acquire statements from you as well as the employer regarding the situation and your dismissal’s cause. They may try to persuade you and the employer to meditate on the situation and resolve it amicably. If the EEOC is unable to reach an agreement, it will send you a notice of your right to sue. You may then consult with an employment lawyer and explain the scenario.

How An Attorney Can Help

An attorney can go much further with your case than the EEOC will. An attorney may want to meet with the employer and try to reach a settlement before going through a formal court hearing. If the employer refuses to negotiate, you’ll have no choice but to fight in court. Your lawyer will work to establish that the employer is guilty of wrongful termination and then pay you for it. Employers are sometimes prepared to reinstate terminated workers to their previous jobs. Other times, a court determines in favour of this relief. If you’re not getting suitable answers to your job posting questions, it’s possible that the employer will have to compensate you. You may be eligible for financial compensation as a way of restoring your lost wages and caring for yourself while unemployed. Furthermore, you may be entitled to additional money if the court determines that the employer violated federal legislation regarding unfair dismissal. You may receive what you are entitled to by consulting with an employment lawyer. You’ll never discover what you’re owed until you take action.

Contact Wrongful Termination California

You’ve now acquired a greater understanding of the topic of wrongful termination. Make an appointment with one of our skilled Los Angeles unfair firing attorneys by contacting us. An unjust termination lawyer in California will meet with you and talk about what occurred and why you believe your firing was wrong. If your case seems promising, our California wrongful termination lawyers will volunteer to represent you. You have the option of accepting or declining our law’s offer. It is entirely your decision as to how you proceed. We may, however, inform you that it’s typically preferable to employ our California wrongful termination attorneys rather than attempting to do it on your own. We’re here to assist you with any legal issues that you may be having.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

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