Los Angeles Wrongful Termination Lawyer
Fighting for Employee Rights
Wrongful termination means a termination that is unfair or unjust. Under
California law, this means that your firing violated a regulation, provision,
or statute of the state. Unfortunately, California is also an "at
will" state, which means that employment contracts can be terminated
without providing a reason. This makes the job of proving wrongful termination
that much more difficult, which is why it is essential to have a qualified
and proven employment law attorney on your side.
Alan Burton Newman, PLC has become a trusted advocate for employee rights
in Los Angeles. Call for your
complimentary consultation to get started today.
An unlawful termination is a termination which is the result of employer’s
prejudice due to
sexual orientation, disability, or pregnancy—or because the employee complained about
the employer's refusal to comply with labor laws such as
overtime, meal breaks and rest break or safety regulations.
Wrongful Termination Checklist
Do you believe you may have been fired unlawfully? Understanding whether
or not your termination qualifies as unlawful can be difficult, and knowing
what steps to take next is even harder. To determine whether or not you
have a valid wrongful termination claim, consider the following questions:
- Do you have any direct or circumstantial evidence that you were discriminated against?
- Were other employees of your race, gender, etc. the only ones targeted
by a recent layoff?
- Are employees of similar race, gender, etc. all treated differently by
- Have any comments or actions been made that suggest bias against, or favoritism
for, a certain group of employees?
- Have you been subjected to insulting or offensive comments from an employer?
- Did you receive unwelcome sexual or romantic advances from your employer?
- Prior to your termination, did you file any reports or complaints against
- If you did, did you receive any negative backlash from your employer?
- Did your written employment contract specify reasons your employer could fire you?
- Was there an employee hand book that covered topics including termination?
- Were any verbal promises made regarding the security of your job?
If you answered, "yes" to any of these questions, you may have
a case against your employer.
Understanding "At Will" Employment
It means that an employee may be fired for any reason, or even no reason,
at the employer’s discretion. The employer does not have to provide
the employee with a reason for the termination. Navigating
"at will" employment and wrongful termination can be confusing, which is why having an attorney by your side during
this time is crucial.
The Fair Employment and Housing Act Exception to “At Will”
Under various state statutes such as Fair Employment and Housing Act (FEHA),
employers can't terminate an employee as a result of prejudice due
to gender, race, nationality, age, sexual orientation, disability, or
pregnancy or because of failure of the employer to comply with California
labor laws or safety regulations.
The Labor Union Exception to “At Will”
Under the Collective Bargaining Agreement (CBA), the employer has granted
employees’ rights to fair treatment, which limits the right of the
employer to terminate the employee. Since these rights arise under the
CBA, they can only be enforced by the union. The employee cannot bring
a lawsuit against the employer, even if they believe the Union hasn't
effectively pursued his or her claim.
How Does You Know if the Case Is an Exception to “At Will”?
Wrongful termination cases are very fact intensive. In other to evaluate
these facts in conjunction with the laws, it requires a skilled and experienced
attorney in the field of employment law who understands
"at will" employment. Alan Burton Newman is a graduate of Harvard Law School, has over 30 years
of experiences and an outstanding reputation.
Don't hesitate to contact Mr. Newman for a
free consultation. We operate on a contingency basis, which means that you don't pay
fees unless we obtain a recovery from your employer. Talk to our Los Angeles
employment lawyer today!