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.
An unlawful termination is a termination which is the result of employer’s prejudice due to race, nationality, gender, age, 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.
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:
If you answered, "yes" to any of these questions, you may have a case against your employer.
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.
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.
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.
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!
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