Los Angeles Wrongful Termination Attorney
Were you fired from your job for illegal reasons? It may be hard to know without an understanding of the law.
That’s where our Los Angeles wrongful termination attorneys come in. If you suspect that you are a victim of wrongful termination, it’s important to act quick, speaking with legal representation and gathering evidence to support your claim.
The lawyers at Mathew & George know the specifics of the law and can help you fight illegal business practices, no matter how the odds might be stacked against you.
Why Choose Our Firm?
The attorneys at Mathew & George have spent years handling wrongful termination claims throughout California.
Our California employee lawyers protect the rights of workers in Los Angeles, ensuring you get the justice you deserve in the workplace. Whether it’s wrongful termination, discrimination, harassment, or another type of workplace misconduct, our attorneys are the top choice for the workers of Los Angeles to seek legal assistance.
We only maintain a few cases at any given time so we can focus our efforts on every client’s case.
We are compassionate and provide effective representation in wrongful termination matters.
Contact us today at (310) 478-4349 for more information about California employment laws or to arrange an initial consultation about your situation.
Los Angeles Wrongful Termination Resources
- What is Wrongful Termination?
- Why Do I Need a Los Angeles Wrongful Termination Lawyer?
- Compensation Available in a Los Angeles Wrongful Termination Lawsuit
- What Is “At-Will” Employment in California?
- California Wrongful Termination Statute of Limitations
- Contact Our Los Angeles Wrongful Termination Attorneys Today
What Qualifies as Wrongful Termination?
In the state of California, wrongful termination is when an employer illegally severs your employment, breaching laws, regulations, or contracts. Under the definition of “at-will” employment, it may seem that an employer has total freedom to fire you at any point, for any reason. This is untrue, however, as there are always laws and regulations that the employer must abide by to prevent unfair treatment to workers.
Not every termination is made for wrongful or illegal reasons, even for groups that are commonly discriminated against. It is important to assess the situation with a clear head; if no other reason presents itself, it is recommended that you seek legal consult to discuss your options and next steps.
Some examples of wrongful termination are when an employer fires an employee due to discriminatory reasons, as a result of the employee whistleblowing, as a form of retaliation, or if cause for termination was not adequately defined in the employment contract.
Each of these cases have been documented in the state of California, and with the right evidence to support your case, you may be entitled to compensation. In some cases, you may even win the potential to recover your job and lost wages for the time spent unemployed.
Any firing that occurs because of an employee’s protected status within the federal government or state is illegal and are not reasonable grounds for termination. Race, sex, gender, age, disability, medical condition, religion, and sexual orientation are all protected statuses.
If an employee refuses to engage in illegal activity, or reports illegal behavior, the employer does not have legal grounds for termination. This prevents employees from being forced to comply with company policy in lieu of federal, state, or local laws and regulations. If illegal activity or behavior is proven in a wrongful termination case, the company may be liable for additional damages related to the illegal actions taken.
An employee cannot be fired as a form of retaliation for exercising a right. A right may be defined on the federal or state level as something basic that every human or employee is entitled to. This includes retaliation for filing a workers’ compensation claim, using leave, or taking breaks.
What might not be considered a basic humanitarian right may still be considered an employment right. For example, inquiring or complaining about equal pay is considered a right, and the employer may not retaliate by terminating their employment.
Breach of Contract
Contracts, whether implied or formal, can protect an employee from wrongful termination. The employer is liable for breach of contract if the employee did not reasonably warrant termination as outlined by the contract.
Are You the Victim of Wrongful Termination?
If an employer wrongfully terminates your employment for one of the above reasons, it is an illegal action that can be persecuted. As a result, the employer is unlikely to be honest about the action, and may cite other reasons for termination.
Therefore, it is important to collect as much evidence as possible to support your claim. Evidence can include anything from emails or text messages, to behavior that a coworker witnessed, provided they are willing to testify to support your claim.
Collecting the right evidence is crucial to the success of your claim. It must either be able to prove beyond a doubt that the company’s decision to terminate your employment was illegal, or otherwise build a case against the company’s actions. If you are uncertain about what counts as legitimate evidence in your case against an employer, contact your local attorney to discuss the specific circumstances of your case.
Is It Hard to Prove Wrongful Termination?
It can be difficult to create a solid case without evidence in your favor. If you suspect wrongful termination, avoid agreeing to any benefits from the company after termination and gather any relevant evidence that may help prove your case.
With enough evidence that the individual who made the decision had an illegal motive, you can prove your case in a court of law. The more evidence that you have that showcases potential wrongful termination or illegal motivation for terminating employment, the easier it is for your case to be proven.
Why Do I Need a Los Angeles Wrongful Termination Attorney?
California law does not require you to hire an attorney to represent you during an employment law violation case. However, handling your case alone could put you at risk of settling for less than it is worth—or failing to obtain a settlement at all. Only a Los Angeles employment lawyer will have the experience and education to get the best possible results for your case. You can focus on your family and your future while an attorney handles the legwork of your lawsuit.
Retaining a Los Angeles wrongful termination attorney can maximize your odds of success. A lawyer can go up against your employer and hold it accountable for wrongdoing. You will not have to fear an insurance corporation or major company taking advantage of you during the claims process. Your attorney will protect your legal rights and best interest every step of the way.
Types of Compensation Available in a Los Angeles Wrongful Termination Lawsuit
The value of your wrongful termination case will depend on your unique losses. No two claims are the same, and not every claim must be escalated to a court case for you to receive compensation for damages.
Your potential case results will vary according to how much the termination cost you in terms of lost pay, court fees, and emotional distress. The best way to get an accurate idea of what compensation you could receive is through a consultation with an attorney. An attorney can review the facts of your specific case and calculate a fair damage award. Then, your lawyer can issue a demand letter listing the compensation you wish to obtain.
- Payment for lost past and future earnings
- Front pay for the time between your judgment and when you returned to work
- Compensation for missed bonuses and benefits
- Reimbursement for missed job opportunities, such as promotions or overtime pay
- Reinstatement of your job position
- The costs of searching or training for a new job
- Expenses for having to seek therapy or medical care
- Additional punitive damages to punish your employer for labor law violations
In Los Angeles, a typical wrongful termination settlement amount will range from $5,000 to $40,000, with an average of around $35,000. It is less common to receive larger awards, such as $100,000 or more, but this does happen especially in wrongful termination cases that were from higher-paying or commission-based positions. Hiring a lawyer is the best way to maximize your compensation amount. A lawyer will have the negotiation skills to fight for a fair settlement or verdict on your behalf. Cases with the most damages to the victim will typically garner the highest amounts.
In some cases, employers will offer a severance package after a wrongful termination. Sometimes this is an attempt to buy cooperation so the employee keeps silent about an unfair practice. If you think you were fired for an illegal reason, contact an attorney before accepting any severance package or signing any documents. What may seem like a nice payout now could prevent you from getting what you deserve down the road.
It is important that you do not forfeit your rights before deciding to pursue legal action against your employer. If you suspect wrongful termination and wish to pursue legal action, do so before you agree to any additional conditions or accept any severance from the company.
What Is “At-Will” Employment in California?
Wrongful termination laws exist to protect employees from termination without just cause. However, it is important to understand how “at-will” employment works.
California and many other states adhere to “at-will” employment law. This means that employment relationships exist solely at the will of the employer and the employee. If there is no set contract, either party can terminate the employment at any time. There does not need to be a reason for either party to terminate employment. While this provides both employers and employees with flexibility, it can create a gray area after someone is fired. In the case of suspected wrongful termination in an “at-will” case, it typically boils down to whether basic employment rights were infringed upon.
Wrongful Termination Statute of Limitations in California
A statute of limitations is the time period you must file a claim from the date of firing. There is no set statute of limitations that covers all wrongful termination cases, as each one is different based on the circumstances of the case. Fortunately, many state or federal statute of limitations provide the employee with ample time to gather evidence about their case. Wrongful termination cases are complex because this time limit varies by:
- The type of wrongful termination claim
- The jurisdiction and agency you file with
Every circumstance is different. To learn more about your case’s statute of limitations and what you can do to submit a case against a former employer for wrongful termination, contact the Wrongful Termination attorneys at Mathew & George today, Los Angeles’ finest employment attorneys.
Filing With the California Department of Fair Employment and Housing (DFEH)
Most wrongful termination claims in Los Angeles are a violation of the FEHA. As a California state law, FEHA claims are filed with the California Department of Fair Employment and Housing. These types of claims have a statute of limitations of one year from the date of termination. After filing a complaint intake form, a representative will determine whether or not to conduct an investigation. If you do not want to use the DFEH investigation process and skip to filing a lawsuit, you must first obtain a Right to Sue notice. We only advise this if you already have retained a wrongful termination attorney.
Filing With the U.S. Equal Employment Opportunity Commission (EEOC)
A wrongful termination case can also be filed under Federal Law, such as Title VII of the Civil Rights Act for discrimination. For these types of claims, an employee generally has 180 days to file a complaint with the EEOC. However, due to local rules in California, this time limit is extended to 300 days. Similar to filing with the DFEH, a charge is filed and investigated before issuing a Right to Sue notice.
Other California Time Limits Include
There are many other circumstances that can change the statute of limitations depending on the circumstances of your termination:
- Violation of an implied contract or public policy – two years
- Whistleblower claims – three years
- WARN Act – three years
- Breach of written contract – four years
It is important to note that by accepting any monetary compensation or signing additional contracts after termination may be the company’s attempt to purchase your cooperation in the matter. If you have signed any additional contracts or accepted a severance package, your case may be affected, and you should consult with an attorney to discuss your options.
Contact Our Los Angeles Wrongful Termination Attorneys
At Mathew & George, our dedicated wrongful termination lawyers are well versed in the law and have helped many clients. We are willing to do what it takes to get the justice you deserve to help protect equal opportunity employment. Our law firm offers complimentary case evaluations to help determine the likelihood of your case with the evidence at hand. Need to go to trial? We’ll represent you in the court room too, helping you make a case in your favor and obtain any rightful compensation. Contact the attorneys at Mathew & George today at (310) 478-4349 to get the legal representation you deserve. Be sure to adhere to the statute of limitations so you do not lose the right to file a claim.
“He fully understands all the litigation tools at his disposal to address the issues in a case that are in the best interest of the client.” – M.A.