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Los Angeles Wrongful Termination Attorney

Not all employment terminations rise to the level of wrongful termination. However, while California may be an “at-will” work state, that does not mean an employer can fire a worker for an illegal reason. If you believe you have been wrongfully terminated from your job, contact the Rise Law Firm today. Our qualified and experienced Los Angeles wrongful termination attorneys will investigate every aspect of your case in order to secure the compensation you are entitled to.

Why choose Rise Law Firm for this case?

When you are going up against an employer for wrongful termination, you need an attorney who is ready to handle all aspects of your case. Rise Law Firm is ready to help.

  • All of our attorneys have obtained education and degrees from some of the most respected universities in the US.
  • We are dedicated to taking the time to get to know each client and their situation. Our client relationships are built on a foundation of trust and transparency.
  • We take all wrongful termination cases on a contingency fee basis, which means that our clients pay no legal fees until we successfully secure the compensation they deserve.

How will an attorney help?

Wrongful termination cases can be difficult. Because California is an “at-will” state, the employer could hide their illegal reasons for firing someone behind other excuses. In most cases, a wrongfully terminated employee will not have the resources necessary to properly investigate their case. However, a Los Angeles wrongful termination attorney will have the resources and legal experience necessary to:

  • Fully investigate your claim and uncover any evidence of wrongdoing. This could include HR documents, emails, internal memos, statements from coworkers, and more.
  • Work to properly calculate the total losses experienced by the person who has been wrongfully terminated.
  • Negotiate with all parties involved to reach a fair settlement on behalf of the wrongfully terminated individual.
  • Prepare the case for trial if the employer or their legal team refuses to make a fair settlement offer.

Understanding wrongful termination

Employers in this state generally have the right to hire or fire employees for any reason. However, there are times when a person loses their job because of some form of discrimination, retaliation, violation of public policy, or other illegal reasons.

Discrimination

Both state and federal law prohibits most types of discrimination in the workplace. The US Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) both provide strong protections for workers. In general, employers are prohibited from discriminating against workers when making decisions for hiring, firing, or any terms of employment based on the following:

  • Race/Color
  • Religion
  • Age
  • Disability
  • Genetic Information
  • Harassment
  • National Origin
  • Pregnancy status
  • Sex/Gender
  • Sexual Harassment

In California, workers are also afforded protection from discrimination based on their sexual orientation, gender identity, or gender expression. Please note that federal law does not currently offer this type of protection.

Retaliation

There are various reasons why an employer would retaliate against an employee. Sometimes, this retaliation shows up as harassment on the job, but it can lead to termination. Some of the most common reasons that an employee is retaliated against include the worker:

  • Reporting instances of discrimination or harassment in the workplace (whether it is happening to them or another worker).
  • Reporting unsafe working conditions
  • Uncovering unequal pay between women and men in the workplace.
  • Participating with or becoming a witness in an investigation with EEOC or a state agency.
  • Refusing to participate in illegal or fraudulent activities of the employer.
  • Reporting the illegal fraudulent activities of the employer.

Violations of public policy

In many cases, a worker’s termination amounts to a violation of public policy. There are a variety of reasons that this could happen. Workers cannot be legally terminated for participating in the following:

  • Using allowable time off as provided by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
  • Taking time off to vote.
  • Taking time off for jury duty.
  • Serving in the National Guard or military reserve.
  • Requesting allowable ADA accommodations for those with disabilities.

Violation of company written policy

In many cases, an employer will not follow their own policies when making disciplinary or termination decisions. Not all companies will have these policies in place, but when they do, they should be seen as contracts between the employee and employer.

What is the time limit to file these cases?

With these cases, there is a set limit on when they can be filed. However, the limitation is based on certain elements of the termination.

  • Termination based on discrimination will have a federal 180-day statute of limitations. If the EEOC does grant the right to sue, there is then a 90-day limitation to file the lawsuit. However, the time limit can be extended to 300 days if a charge is filed with the California Department of Fair Employment and Housing (DFEH).
  • Contract violations, which are determined by an employment contract being breached have a statute of limitations based on state law. In general, this limitation can be up to four years from the date of the contract violation.
  • Personal injury claims, which commonly involve termination based on defamation, are guided by the underlying statute of limitations that can be up to three years.

What kind of compensation is available for these cases?

Workers should never face termination based on the reasons we listed above. Not only is this a violation of the law, but it is unethical. If an employer has wrongfully terminated you or somebody you love, seek assistance from a skilled attorney immediately. At Rise Law Firm, we are ready to thoroughly investigate your case in order to secure any compensation you are entitled to. For these cases, this could include:

  • Front pay and back pay
  • Interest on unpaid wages
  • Possible reinstatement to your job
  • Pain and suffering damages
  • Court cost and legal fees
  • Possible punitive damages against an employer

When you need a Los Angeles wrongful termination attorney, you can contact us for a free consultation of your case by clicking here or calling 310-728-6588.