Wrongful Termination Based on Sexual Orientation
In California, the employer-employee relationship is usually an “at will” relationship. This means that the employer can terminate 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. Under California law, employers cannot make termination decisions based on an employee’s sexual orientation. If an employer fires an employee because of his or her sexual orientation, that employer would have committed an illegal act of workplace discrimination. Employers who discriminate face serious consequences such as penalties and fines. In addition, such employers may be ordered to pay their victims significant compensation. If you are in need of an employment lawyer because you believe you were wrongfully terminated because due to your sexual orientation it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on Sexual Orientation Lawyer who will make sure your employer is held accountable for your wrongful termination.
Applicable LawFederal law as well as California’s Fair Employment and Housing Act (FEHA) prohibits harassment based on a number of personal attributes including sexual orientation, race, gender, disability, marital statutes, and age. Cal. Gov. Code § 12940. It specifically prohibits employers from discriminating based on sexual orientation in terms of hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
Discrimination based on sexual orientation may involve treating an employee unfavorably solely because of his or her real or perceived sexual orientation: lesbian, gay, bisexual, asexual, pansexual, or heterosexual.
Pursuing Compensation for Wrongful TerminationIf you believe that you were wrongfully terminated based on your sexual orientation, you have the right to file a claim. You may be entitled to damages in the form of compensation, including lost pay, lost benefits and punitive damages, or injunctive relief.
- Lost pay. Lost pay is the amount of money you would have been paid if had you not been wrongfully terminated because of your sexual orientation. 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.
- 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. 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. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your discrimination case, even if your case has merit.
Los Angeles Wrongful Termination Based on Sexual Orientation LawyerIf you are the victim of wrongful termination, harassment, or discrimination in the workplace based on your sexual orientation, 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.