Los Angeles Wrongful Termination Lawyer

Fight Back Against Unfair Termination Policies

Going through disputes in the workplace is a stressful experience. Whether you are experiencing discrimination or failing to receive the appropriate wage, you should speak up for your rights and hold your employer accountable. In some instances, this may result in the resolution of the issue, but in others, you may face serious consequences, such as a wrongful termination.

At the Law Offices of Scott R. Ames, we have assisted many people in Los Angeles, Riverside, Orange, and San Bernardino Counties with asserting their right to compensation after being unexpectedly and wrongfully terminated from their positions. While you are coping with the stress of the situation, our wrongful termination lawyers can ensure that your rights are protected and that you receive the fair treatment that you deserve.

Identifying Wrongful Termination in the Workplace

In general, a wrongful termination refers to situations in which a person is fired for an improper reason. Some cases of wrongful termination are straightforward. There are other situations, however, in which it may not be clear whether the employee experienced a wrongful termination.

First, it is important to know that California provides some of the broadest and most far-reaching protections of any state for employees in the workplace. Although federal laws provide some protections, California has expanded on those federal rules to combat harassment and other wrongful conduct in the workplace.

At-Will Employment & Wrongful Termination

Like many other states, California recognizes at-will employment, which is an employment arrangement whereby an employer and an employee can terminate the relationship at any time and for any reason. Despite this liberty, California has recognized that an employer cannot terminate an employment relationship because of discriminatory reasons. This includes any actions taken against a person based on their age, sex, race, national origin, disability, religious beliefs, sexual orientation, or other protected classifications.

Although at-will employment is the default arrangement, employers and employees often enter into employment contracts that set specific terms for the arrangement. If an employment contract states that the employee cannot be fired without just cause, the employer must abide by this.

Protection for Whistleblowers

Employers are also prohibited from retaliating against employees who report the employer’s illegal conduct. This is known in many situations as whistleblowing. If an employee believes that an employer is not abiding by the law and reports the employer, the employer is prohibited from firing the employee for their reporting or engaging in other retaliation against that employee. Similarly, an employee cannot be fired if they refuse to engage in illegal activity at the behest of the employer.

Preparing Your Wrongful Termination Claim

There are many different approaches to litigating a wrongful termination claim. In general, an employee who can establish a wrongful termination is entitled to receive compensation for past and future lost wages, benefits, and emotional distress. In situations in which the employer acted intentionally or recklessly, an employee may also be entitled to receive punitive damages. These are available when the employer showed a clear disregard for an employee’s legal rights.

One of the most important steps that you can take to enhance your case is to record any evidence that may support a finding of a wrongful termination. This involves:

• Accumulating email correspondence
• Summarizing phone calls or conversations
• Identifying any witnesses who may be able to testify in your favor
• Gathering your personnel reviews and any other documents detailing your performance.

In situations in which your employer did not overtly fire you but made your employment so unbearable that you were forced to resign, you may have a claim for constructive termination.

Having represented many California workers in wrongful termination lawsuits, the attorneys at the Law Offices of Scott R. Ames know that the most daunting step is often deciding where to start. Our professionals can help you analyze your situation and fight for maximum compensation.