Los Angeles Wrongful Termination Attorney
Super Attorney Fighting Tirelessly to Protect 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 attorney on your side.
Wrongful Termination Checklist
Do you believe you may have been fired unlawfully? Understanding whether your termination qualifies as unlawful can be difficult and knowing what steps to take next is even harder. Unlawful termination is a firing resulting from an employer’s prejudice due to race, nationality, gender, age, sexual orientation, disability, or pregnancy. It can also result from an employee complaining about the employer's refusal to comply with labor laws such as overtime, meal breaks, and rest break or safety regulations. Finally, it can result from an employee complaint regarding sexual harassment in the workplace.
To determine whether you have a valid wrongful termination claim, ask yourself:
- 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 your employer?
- Have any comments or actions been made that suggest bias against or favoritism toward a 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?
- Before your termination, did you file any reports or complaints against your company?
- If you did, did you receive any negative backlash from your employer?
- Did your written employment contract specify the reasons your employer could fire you?
- Was there an employee handbook 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 might 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 is crucial.
The Fair Employment & Housing Act Exception to “At Will”
Under various state statutes such as Fair Employment and Housing Act (FEHA), employers can't terminate an employee because 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 power of the employer to terminate employees. 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.
Call a Wrongful Termination Attorney in Los Angeles!
Wrongful termination cases are very fact-intensive. In other to evaluate these facts in conjunction with the laws, you’ll need 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 and has over 35 years of experience 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 wrongful termination lawyer today by calling (310) 986-2792!
- Over 3 Decades of Experience
- Harvard Law Attorney
- No Recovery, No Fee
- Free Confidential, No-Obligation Case Evaluations
- Millions Recovered in Employment Claims