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. In some instances, this may result in the resolution of the issue. In others, you may face serious consequences, such as a wrongful termination.

At the Law Offices of Scott R. Ames, we have assisted many terminated employees in Los Angeles and throughout Southern California. We have helped many people assert their right to fair compensation after they were wrongfully terminated from their positions. While you are coping with the stress, our termination attorneys can ensure you receive the fair treatment you deserve.

Wrongful termination is a situation where an employee is fired in violation of that employee's legal rights.

Examples of wrongful termination in California include firing an employee due to:

• A protected characteristic, such as race, gender, disability, sexual orientation, or religion
• A request for legally earned time off
• The employee reporting a legal violation committed by the employer
• A request for leave under the FMLA due to a medical condition or other qualifying event

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.

California provides some of the most far-reaching protections of any state for employees in the workplace. Although federal laws provide some protections, California has expanded on these to combat harassment and other wrongful conduct in the workplace.

At-Will Employment & Wrongful Termination

Like many other states, California recognizes at-will employment. At-will employment arrangements allow an employer or employee can terminate their working relationship at any time and for any reason. Despite this liberty, California state law prohibits an employer from terminating an employment relationship due to discrimination.

Although at-will employment is the default arrangement, workers can 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. Employers are 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.

Constructive Dismissal

Typically, a voluntary resignation would not qualify as a termination. However, employers can choose make your employment unbearable until you are forced to resign as an alternative to overtly firing you. In this case, the dismissal would not be truly voluntary and you may have a claim for constructive termination.

Some examples of constructive dismissal include:

• Humiliating the targeted employee in front of other employees
• Significantly changing an employee's workplace location with short notice
• False accusations of misconduct
• Reduction of pay without a reasonable explanation
• Permitting sexual harassment and other hostile work environment practices

Proving a constructive termination claim can be more complex than a typical wrongful termination claim. However, our lawyers can help help determine whether the conduct of your employer was designed to force you to voluntarily resign.

Preparing Your Wrongful Termination Claim

There are many different approaches to litigating a wrongful termination claim. An employee who can prove wrongful termination is entitled to compensation for 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.

To enhance your case, you should record any evidence that may support a claim for wrongful termination. This involves:

• Saving 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, we know that the most daunting step is deciding where to start. Our professionals can help you analyze your situation and fight for maximum compensation.