Los Angeles Wrongful Termination Attorney

There are numerous reasons why your employment may have been terminated. Still, if the reason given constitutes wrongful termination, you should seek legal representation from a Los Angeles wrongful termination attorney immediately. In legal terms, “wrongful termination” refers to any situation where an employer has discharged or fired an employee in a way that breached that employee’s legal rights. Before any dismissal can be shown to qualify as wrongful termination, evidence must be provided proving that at least one employment law was violated.

Under California law, which is applicable in Los Angeles, there are generally three forms of wrongful termination: a violation of a statute, a violation of public policy, or a breach of contract. When you instruct a wrongful termination attorney to handle your case, we will ascertain which of these scenarios applies before using this to determine the best way in which to proceed.

Los Angeles unlawful termination lawyer from JML Law has the in-depth knowledge of California employment law and the relevant experience required to provide the outstanding legal representation you need.

How Can a Los Angeles Wrongful Termination Attorney Benefit You

As California is an at-will state for employment matters, many wrongfully terminated employees do not realize their employer’s behavior has been unlawful. While employment-at-will means that employers have the right to terminate employment at any time, this is subject to the condition that their reason is not unlawful. The exceptions to employment-at-will include:

  1. Termination on the grounds of discrimination.
  2. Termination as retaliation for reporting unlawful behavior.
  3. Termination for whistleblowing about any breaches of legislation, including workplace health and safety.
  4. Termination, which violates the employee’s existing or implied employment contract.

When you instruct a JML Law Wrongful Termination lawyer to handle your lawsuit, we will work to investigate and study all aspects of your case. Some of the criteria we will take into consideration when assessing your case could include:

  1. The number of years the company employed you in question.
  2. Your prior performance is based on annual reviews and similar.
  3. Company policies and procedures relating to termination and other relevant matters.

To find out exactly how our years of experience could be used to recover the compensation and damages you deserve, schedule your initial consultation with our Los Angeles wrongful termination attorney by calling us today at 818-610-8800.

Be aware that hiring a wrongful termination is not an expensive proposition. You might understandably be concerned that hiring an attorney is something you can’t afford, but that’s not the case. Reputable wrongful termination attorneys will enter into contingency fee agreements with any clients they take on.

With this type of agreement, an attorney only receives payment if they succeed in winning the case for their client. That means you will not have to pay any legal fees if you do not win. Thus, there is virtually no reason not to meet with a wrongful termination attorney to learn more about whether you have a strong case.

How To Prepare For An Initial Consultation With A Los Angeles Wrongful Termination Lawyer

Do not hesitate to meet with a wrongful termination lawyer in Los Angeles if you believe you have a valid case. The initial consultation is free. It allows you to discuss your case with a professional who will likely have a more thorough understanding of the applicable laws. For no cost, they will let you know whether you have grounds to take legal action.

A consultation with a wrongful termination attorney in Los Angeles is most productive if you take specific steps to prepare beforehand. Steps you should take to prepare for the consultation include:

  • Gathering documentation: The types of documents that might help an attorney better evaluate your case may include contracts, timesheets, and other types of employment records, emails, or letters that you believe may be pertinent to your case, and, if applicable, police reports and accident reports. If you have access to any audio and/or video recordings that may qualify as relevant evidence or documentation, attempt to bring them as well.
  • Drafting a basic narrative: It’s understandable if your emotions run high because you believe you have been terminated improperly. This is why you should draft a basic description explaining the circumstances of your termination and why you think you have a case against an employer. By reading from your narrative when explaining your termination to an attorney, you can limit the chances of becoming overly emotional, which may prevent you from correctly or thoroughly explaining the exact nature of the situation.
  • Getting statements from witnesses: It’s possible that previous coworkers or other such individuals can potentially serve as witnesses who might be able to corroborate elements of your story. If so, gather their statements and contact information if they are willing to provide it. Be prepared to explain why they are qualified to support your version of the circumstances that resulted in your termination.

You must also be entirely honest when discussing your case with an attorney. Do not make false claims or respond to any questions dishonestly because you want to be told you have a valid case. You will only be doing yourself a disservice in the long run if you are not entirely truthful. If an attorney asks you any questions during the initial consultation and you do not fully know the answers to those questions, be honest and admit this instead of coming up with solutions that you believe may be correct.

Types Of Wrongful Termination In Los Angeles, California.

How your employment may be terminated are numerous, as the specifics of each dismissal will be individual to that particular case. However, while the details may vary, the underlying reason qualifying you to file a wrongful termination lawsuit will fall into one of the following broad categories. In Los Angeles and throughout California, it is unlawful to dismiss an employee based on the following:

  1. Age (where the employee is at least 40 years of age).
  2. Ancestry.
  3. Religion (including religious dress and grooming practices).
  4. Disability, whether mental or physical (including HIV and AIDS).
  5. Marital status.
  6. Medical condition (including cancer and genetic characteristics).
  7. National origin (including language use restrictions).
  8. Race.
  9. Sex (including pregnancy, childbirth, breastfeeding, and medical conditions relating to these).
  10. Gender.
  11. Gender identity.
  12. Gender expression.
  13. Sexual orientation.

Wrongful termination lawsuits may also be filed in circumstances relating to:

  1. Violations of employment contracts.
  2. Whistleblower cases.
  3. Fraud or misrepresentation.
  4. Termination to avoid paying lawful wages, commissions, bonuses, or benefits.
  5. Retaliation occurs due to an employee complaining about any of the above issues.

The most recent statistics available – the EEOC 2017 Enforcement and Litigation Data – illustrate that retaliation was the leading cause of wrongful termination last year, followed by race and disability. If you are interested in the figures, here is a brief overview of how many wrongful termination cases fell into each of the above categories:

  • 48.8 percent41,097
  • 33.9 percent28,528
  • 31.9 percent26,838
  • 30.4 percent25,605
  • 21.8 percent18,376
  • 9.8 percent8,299
    National Origin
  • 4.1 percent3,436
  • 3.8 percent3,240
  • 1.2 percent996
    Equal Pay Act
  • .2 percent206
    Genetic Information

Retaliation Accounts For Almost Half Of Los Angeles Wrongful Termination Cases – Are You Affected

Retaliation is the most common cause of wrongful termination in California, meaning it is highly likely that you may have experienced this behavior before being wrongfully dismissed from your job. As briefly outlined above, retaliation is a term used to describe any adverse actions or behavior that arise after an employee makes a complaint about discrimination or another violation of their employment rights. If you have complained about sexual harassment, unfair pay, gender discrimination, or another breach in the workplace, only to find yourself the victim of further harassment and unfair termination, an attorney could help you recover damages for your ordeal.

Some of the employment rights afforded to workers in California, a breach of which may have led to your initial complaint, include:

  1. Safety requirements, including OSHA and similar legislation.
  2. Wages and working hour regulations.
  3. Family or medical leave is allowed under FMLA.
  4. Freedom from any form of discrimination or harassment in the workplace.
  5. Workers compensation benefits following an injury or illness resulting from your work.
  6. Protection from any hazardous substances present in the workplace.

Retaliatory behavior can take many forms, with some of those we regularly encounter as wrongful termination attorneys including:

  1. Demotion due to complaining about unacceptable behavior in the workplace.
  2. Withdrawal of overtime.
  3. Allocation of unfavorable tasks or shifts.
  4. Hostile work environment.
  5. Failure to provide training.
  6. Failure to allow promotion or progression.
  7. Allocation of a more physically demanding job without the associated pay increase.

Suppose you feel that you have been the target of retaliatory behavior or that your employment rights have been violated. In that case, you should immediately speak to a wrongful termination attorney in Los Angeles. At JML Law, each of our experienced lawyers is dedicated to working tirelessly to protect your legal rights while recovering the full compensation you are entitled to.

While it is best for all involved to settle without going to court, you can be confident that your JML Law wrongful dismissal attorney will aggressively fight your case in court when required.

Types Of Compensation Available For A Wrongful Termination Case In Los Angeles.

If you or a loved one have been wrongfully terminated, you may be entitled to various types of compensation if your case is successful. This can include the following:

  1. Both front and back pay.
  2. Possible reinstatement to your job.
  3. Possible promotion to a new position.
  4. Court costs and legal fees.
  5. Pain and suffering damages.
  6. Possible punitive damages against the employer.

The total compensation awarded in these cases will vary depending on the factors related to each situation. A skilled Los Angeles wrongful termination lawyer will use their resources and legal expertise to conduct a complete investigation into the claim and adequately calculate your losses.

How Long Do You Have To File A Wrongful Termination Case In Los Angeles

You must contact an attorney to help you with your wrongful termination case immediately. Each state is responsible for setting time limits for how long wrongful termination victims must file a civil lawsuit. In California, the wrongful termination statute of limitations will vary depending on the alleged cause of the termination.
For wrongful terminations that violate public policy, the terminated employee will have two years to file a lawsuit against the employer.

For wrongful termination resulting from discrimination or harassment, the terminated employee must abide by various deadlines. In general, these claims can be filed under two laws:

  1. Federal Civil Rights Act of 1964. For most federal discrimination cases, terminated employees have 180 days from the termination date to file a charge with the Equal Employment Opportunity Commission (EEOC).
  2. State law, usually under California’s Fair Employment and Housing Act (FEHA). Suppose an applicable state or local agency is available for terminated employees to turn to, including the Department of Fair Employment and Housing (DFEH) in California. In that case, the claim must be filed within 300 days from the termination date.

If federal or state agencies do not resolve the issue in the desired manner, they will issue a notice of right to sue to the terminated employee. After this notice has been issued, the terminated employee will have 90 days to file their civil claim in court.

If federal or state agencies do not resolve the issue in the desired manner, they will issue a notice of right to sue to the terminated employee. After this notice has been issued, the terminated employee will have 90 days to file their civil claim in court.

Get your questions answered.

Contact Our Lawyers.

Every case is unique and needs to be evaluated by our experienced lawyers. If you are facing wrongful termination in Los Angeles,

give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.
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