Wrongful Discharge Lawsuit

In California, the relationship between an employer and an employee is generally an “at will” relationship. This means that the employer can fire the employee at any time for any reason. There is, however, an important exception to this general rule. Even if the employment relationship is at will, an employer cannot fire an employee for a reason that is illegal. For example, under both federal and state law employers cannot make termination decisions in a discriminatory or retaliatory manner. If an employer fires an employee for a reason that is against the law, the terminated employee has the right to file a claim for wrongful discharge which is also referred to as wrongful termination. Employers who wrongfully terminate employees face serious financial consequences including penalties, fines, and the payment of substantial compensation to the victims. If you are in need of an employment lawyer because you or someone you know has been wrongfully terminated, it is important that you immediately contact an experienced Los Angeles Wrongful Discharge Lawsuit Lawyer who will review your claim and explain the steps for making sure your employer is held accountable for violating the law.

Wrongful Discharge in California

In California, there are a variety of reasons that terminating an employee may be illegal. These reasons include:

• Terminating an employee for refusing to do something illegal
• Terminating an employee for doing something that California or federal law gives the employee a right to do
• Terminating the employee in retaliation for making a valid formal complaint about something at work such as sexual harassment
• Terminating the employee for discriminatory reasons such as firing the employee based on his or her race, national origin, sex, physical or mental disability, marital status or sexual orientation
• Terminating an employee without following expressly stated employment policies established by the employer
• “Constructive termination,” where an employer purposefully makes the workplace or the job so unpleasant or risky for the employee that the employee is forced to resign
• Terminating an employee in violation of the terms of the employment contract between employer and employee

Filing a Wrongful Discharge Lawsuit in California

There are a variety of state and federal laws that protect California employees from wrongful discharge including California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940 and Title VII of the federal Civil Rights Act of 1964. Under FEHA, employers are prohibited from discriminating against employees based on a number of individual attributes including race, national origin, religion, sex, pregnancy, marital status and sexual orientation. It is enforced by California's Department of Fair Employment and Housing. This means that if you feel you were unlawfully discharged, you would file a claim with the Department of Fair Employment and Housing. Similarly, Title VII of the federal Civil Rights Act also prohibits employers from discriminating against employees on the basis of a number of individual attributes. It is enforced by the Equal Employee Opportunity Commission.

For example, in EEOC v. Trinity Protection Services, Inc., the EEOC filed a claim against 73-year old William Clark’s former employer Trinity Protection Services. Clark and 4 other employees were relieved from duty when they failed their arms requalification test. They were told that they could try to requalify in 6 months. However, a month later Trinity called back the three people who were age 50 or under. Clark and another employee who was 66 were not called back. Clark was awarded $42,000.

Remedies

If you believe that you were wrongfully discharged you may be entitled to damages in the form of compensation, including lost pay, lost benefits, punitive damages and injunctive relief.

• Lost pay. Lost pay is the amount of money you would have been paid if had you not been wrongfully terminated. This amount may include your base pay as well as overtime, cost-of-living increases, merit raises, and tips. However, if you were wrongfully terminated, you have a duty to mitigate your financial losses.
• Future pay. If you are unable to find work, then you may also be awarded future pay.
• Lost benefits. This includes the value of medical and dental insurance, as well as the value of participation in pension plans, profit-sharing plans and 401(k) plans.
• Punitive damages. This is an additional amount that the court may order the employer to pay in cases where the employer’s actions were particularly egregious.
• Injunctive relief. In some cases the court may order that the employer reinstate the employee.

Los Angeles Wrongful Discharge Lawsuit Lawyer

If you are the victim of wrongful discharge, harassment, or discrimination in the workplace you should discuss the specifics of your case with an experienced employment lawyer right away. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients who have claims against their employers for wrongful discharge, wage-and-hour claims, and other employment-related issues. Keep in mind that there are time limits for filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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