Los Angeles Wrongful Termination Attorney

If you believe you’ve been wrongfully terminated by your employer in Los Angeles, navigating the legal landscape can be daunting. Boucher LLP understands the challenges you face and is here to help you protect your rights and explore your legal options. In this article, we’ll delve into the specifics of wrongful termination, your rights as an employee, and how our experienced Los Angeles wrongful termination attorneys can assist you.

Understanding Employment in Los Angeles

Los Angeles is a vibrant city with a diverse job market. According to the Los Angeles County Economic Development Corporation, the city boasts a robust employment sector across various industries. The sectors anticipated to contribute the highest job growth over the next two years include private education and health (adding 126,300 new jobs), leisure and hospitality (69,100 new jobs), and professional and business services (55,800 new jobs). However, despite legal protections, wrongful terminations can still occur in any industry.

In California, employment is primarily governed by the at-will employment doctrine. This means that both employers and employees can terminate the employment relationship at any time, for any reason, or no reason at all, with or without notice. However, it’s crucial to note that even in at-will employment, there are exceptions, and employers cannot terminate employees for illegal reasons.

What Is Wrongful Termination?

Wrongful termination refers to the illegal or unlawful dismissal of an employee from their job. It occurs when an employer fires an employee in violation of federal or state laws, contractual agreements, or public policy. Wrongful termination can take various forms, and we’ll discuss some examples below.

Discriminatory Termination

If an employer fires an employee based on their race, religion, sex, gender identity, sexual orientation, national origin, age, disability, or pregnancy status, it may constitute wrongful termination. For instance, terminating an employee because of their age, such as forcing older workers into retirement, is discriminatory and illegal.

Retaliatory Dismissal

It is unlawful for an employer to terminate an employee in retaliation for exercising their legal rights or engaging in protected activities. For example, firing an employee for whistleblowing, filing a complaint about workplace harassment or discrimination, or taking legally entitled leave (such as family or medical leave) can be considered retaliatory termination.

Breach of Contract

If an employment contract specifies conditions for termination—such as requiring a certain notice period or outlining reasons for termination—violating these terms can amount to wrongful termination. For instance, firing an employee without following the procedures outlined in their employment contract can constitute a breach of contract.

Constructive Dismissal

This occurs when an employer creates a hostile work environment or imposes intolerable conditions that force an employee to resign. Examples include harassment, discrimination, significant changes in job responsibilities or work conditions without agreement, or deliberate isolation or exclusion from work-related activities.

Violation of Public Policy

Terminating an employee for reasons that violate public policy, such as refusing to engage in illegal activities or reporting illegal conduct, can be wrongful termination. For example, firing an employee for refusing to participate in fraudulent activities or for reporting safety violations could amount to wrongful termination.

Retaliation for Filing a Workers’ Compensation Claim

It is illegal for an employer to terminate an employee in retaliation for filing a workers’ compensation claim after a work-related injury or illness.

Your Options for Taking Action

If you believe you’ve been wrongfully terminated, it’s essential to take action to protect your rights. Here are some options and suggestions on how to best navigate wrongful termination. 

File a Complaint with Government Agencies

You can file a complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies investigate claims of discrimination, harassment, retaliation, and other forms of wrongful termination.

Consult with Your Los Angeles Wrongful Termination Attorney

Seeking legal advice from an experienced employment lawyer can make an enormous difference in the outcome of your claim. A lawyer can evaluate your case, advise you on your rights, and help you navigate the legal process.

Document Everything

Keep detailed records of your employment history, including performance evaluations, disciplinary actions, emails, and any other relevant documents. Documentation can strengthen your case and provide evidence of wrongdoing.

Negotiate with Your Employer

In some cases, it may be possible to resolve the issue through negotiation with your employer or their legal representatives. This could involve reaching a settlement agreement that provides compensation for your losses.

File a Lawsuit

If informal resolution attempts are unsuccessful, you may choose to file a lawsuit against your employer. A lawsuit can seek damages for lost wages, emotional distress, punitive damages, and other losses resulting from wrongful termination. Your Los Angeles wrongful termination lawyer can help you determine if filing a lawsuit is your best move. 

Explore Alternative Dispute Resolution

Mediation or arbitration can be alternative methods for resolving disputes outside of court. These processes can be less adversarial and more cost-effective than litigation, but you’ll get the best results with the help of a wrongful termination lawyer in Los Angeles. 

Seek Emotional Support

Wrongful termination can be emotionally challenging. Don’t hesitate to seek support from friends, family, or mental health professionals to help you cope with the stress and uncertainty.

Statutes of Limitations and Legal Framework

In California, the statute of limitations for filing a wrongful termination claim is generally within two to three years from the date of termination, depending on the specific legal basis of your claim. It’s crucial to act promptly and seek legal advice from a skilled Los Angeles wrongful termination attorney to ensure compliance with deadlines and legal procedures.

Various state and federal laws protect employees from wrongful termination, including but not limited to:

• Title VII of the Civil Rights Act—Prohibits discrimination based on race, color, religion, sex, or national origin;
• Americans with Disabilities Act (ADA)–Protects individuals with disabilities from discrimination in the workplace; and 
• California Fair Employment and Housing Act (FEHA)–Provides additional protections against discrimination and retaliation in employment.

You are not expected to understand the nuances of how these acts and other relevant state and federal laws apply to your case. But if you were wrongfully terminated, your lawyer will be able to provide guidance. 

How Can a Los Angeles Wrongful Termination Attorney Help?

Navigating a wrongful termination claim requires legal expertise and strategic advocacy. Our team of Los Angeles wrongful termination lawyers at Boucher LLP has the experience and dedication to guide you through the legal process. We will:

• Evaluate your case and determine the best course of action;
• Gather evidence, including employment records and witness testimonies;
• Advocate for your rights during negotiations, mediation, or litigation; and
• Pursue compensation for lost wages, emotional distress, and other damages.

Don’t let wrongful termination undermine your rights and livelihood. Contact Boucher LLP today for a confidential consultation. Our compassionate and knowledgeable attorneys are ready to fight for justice on your behalf.