Wrongful Termination Based on Race

In most cases, the relationship between an employer and an employee is an “at will” relationship. This means that the employer can terminate the employee whenever he or she chooses. Common reasons for termination are poor performance, reduction in force, elimination of position, and closure of business or department. There are, however, some very important exceptions to the general rule that employers can terminate employees at any time. One exception is that under both federal and state law employers cannot make termination decisions based on an employee’s race. Doing so would be a type of discrimination that would amount to a wrongful termination in violation of the law. Employers who discriminate based on the race or color of an employee face serious consequences and victims of such discrimination are entitled to compensation. If you are in need of an employment lawyer because you believe you have a wrongful termination claim based on race, it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on Race Lawyer who will review your claim and explain the steps for making sure your employer is held accountable for violating the law.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940(a), employers are prohibited from discriminating against employees based on race in making decisions to terminate employment or terminate from a training program. FEHA only applies to employers with at least 5 employees, and is enforced by California's Department of Fair Employment and Housing.

Title VII of the federal Civil Rights Act of 1964 also prohibits employers from discriminating against employees on the basis of race and color. It generally applies to employers with 15 or more employees, including federal, state, and local government employers. It is enforced by the Equal Employee Opportunity Commission.

In addition to it being illegal to terminate an employee because of his or her race, it is also against the law to retaliate against an employee for reporting the employer for violating anti-discrimination laws, or for testifying against the employer.

If you were wrongfully terminated based on your race, there are a number of different types of compensation that you may be awarded depending on the facts of your claim and the amount of damages that are you are able to prove.

• 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.
• 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.

A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. In the case of a California racial discrimination claim, the amount of time depends on whether the claim is brought under California’s Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964. 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 will may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

If you are the victim of wrongful termination, harassment, or discrimination in the workplace, you should discuss the specifics of your case with an experienced employment lawyer right away as there are time limits to filing claims. Wrongful termination and other forms of employment discrimination based on race or color are illegal. 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.