Eisenberg Law Group
In California, many employees are considered “at will” and can be terminated for a variety of reasons. However, employers often violate California law when firing “at will” employees.
Wrongful termination occurs when someone is fired or forced to quit in violation of any law or public policy.Also, if an employer terminates an employee in violation of the terms of the employment contract, this can be wrongful termination as well.
If you or a loved one has been wrongfully terminated, under California law you can recover past and future lost wages and benefits, emotional distress damages, and other damages as well.
You may have a wrongful termination case if one of the following has happened to you:
Violation of Public Policy: You were fired because you refused to break the law.
Discrimination: You were fired because of your age, disability, ethnicity, race, religion, sex or gender, sexual orientation, medical condition, or other protected status.
Retaliation: Your employer fired you because you reported wrongdoing, illegal conduct, participated in an investigation with law enforcement, or made a complaint about the violation of your rights.
Violation of Employment Agreement: Your employer breached your employment agreement.
Wrongful Discharge in Violation of Public Policy
California law imposes a duty on all employers, regardless of whether it is expressly stated in the employment contract, to refrain from discharging an employee (firing or forcing to resign) in violation of public policy.
Examples of wrongful termination in violation of public policy:
There are a variety of other potential categories of wrongful terminationin violation of public policy. Contact our office to learn more and to see if you have a case.
Wrongful Termination Due to Discrimination
In California, the Fair Employment and Housing Act prohibits discriminatory employment practices toward, in most cases, “any person.” Therefore, it does not usually matter if the person who was discriminated against is an employee, intern, volunteer, applicant, or former employee.
The Fair Employment and Housing Act, which is the law in California, prohibits an employer from taking any adverse action against a protected individual based on his or her:
Wrongful Termination Due to Retaliation
State and Federal laws offer protections to employees that report violations of law, report unfair or unlawful business practices, or otherwise stand up for their rights. It is against the law for an employer to discharge (fire or force to resign) an employee if the employee does any of the following:
Wrongful Termination Due to Breach of Employment Agreement
In California, employees are not always required to have written employment contracts. However, when an employer enters into a written employment contract with an employee, the employer is not allowed to breach the terms of that contract. Some of the material terms of an employment contract that may be breached are the following:
Contact a Los Angeles Wrongful Termination Attorney
If you believe that you’ve been wrongfully terminated by your employer, please contact our office so that we can give you a FREE consultation. We will gladly assist you in evaluating whether or not you have a valid claim, free of charge. Further, if you suspect that your employer is engaging in unfair or discriminatory practices against you or your fellow employees, please give us a call for a FREE consultation to see if you have a case.