Wrongful Termination Based on National Origin

According to both federal and state law, it is illegal in California for employers to discriminate based on national origin. National origin discrimination in the workplace occurs when a person is treated unfavorably because he or she is from a particular country or part of the world, because of ethnicity or accent, or because the employee appears to be of a certain ethnic background. Despite the fact that such discrimination has been against the law for decades, it continues to take place in the workplace. In some instances, an applicant is not hired because of his or her national origin or perceived national origin, while in other cases an employee is fired because of his or her national origin. If an employee is fired because of his or her national origin, then the termination would have been a wrongful termination in violation of the law. If you are in need of an employment lawyer because you believe you were wrongfully terminated because due to your national origin, it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on National Origin Lawyer who will make sure your employer is held accountable for violating the law.

Workplace Anti-discrimination Laws

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, is one of the country’s strongest set of regulations designed to protect employees against workplace discrimination. Under FEHA, employers are prohibited from discriminating against employees based on a number of individual attributes including national origin. This prohibition applies to a number of work-related actions including termination. FEHA only applies to employers with at least 5 employees, and is enforced by California's Department of Fair Employment and Housing.

Pursuing a Wrongful Termination Claim

If you believe that you were wrongfully terminated based on your national origin, you have the right to file a claim based on federal law or state law. You may be entitled to damages in the form of compensation, including lost pay, lost benefits and punitive damages.

• 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. For example, it is expected that you will make an effort to find another job. If you get a new job, or if your receive unemployment benefits, that money will be deducted from the amount you can claim as your lost pay.
• Front pay. If you are unable to find work, then you may also be awarded what is sometimes referred to as front pay or 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. For example, if you lost health insurance as a benefit because you were wrongfully terminated and as a result had to pay for medical expenses out-of-pocket, you may be entitled to reimbursement for that expense.
• 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.

Keep in mind that it is important to proceed quickly with your claim, as discrimination claims are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. The statute of limitations will vary depending on whether the employee chooses to file claim under state or federal law. Under Title VII, the statute of limitations is normally 180 days after date of the discriminatory act. If the employee chooses instead to pursue remedies under FEHA, a complaint must be filed with the Department of Fair Employment and Housing within one-year of the alleged discriminatory act. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

Los Angeles Wrongful Termination Based on National Origin Lawyer

If you are the victim of wrongful termination, harassment, or discrimination in the workplace based on your national origin, 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 termination claims, wage-and-hour claims, and other employment-related issues. 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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