Losing a job is a stressful and traumatic experience. However, according to California wrongful termination laws, some circumstances can make a job termination illegal. This is particularly true if the termination came about as a result of retaliation, discrimination, or harassment.
If you have been wrongfully terminated from your job, you need to speak to us. Why us? Well, that is because we understand the stress, anxiety, and trauma that come with losing a job. Moreover, we will help you obtain compensation for your losses. Our Van Nuys wrongful termination lawyers are highly skilled and experienced in the field of employment law.
Under the federal and California employment laws, you have the right to seek compensation from your employers, which can be enforced by the courts. For these reasons, if you are facing this challenge, it is wise to consult us. At Fraigun Law Group, we will protect and fight for your legal rights. We will work closely with you and help you recover fair compensation for your losses. For a free legal consultation and case evaluation, call us at 818-981-1800.
Wrongful Termination Laws in California
If at some point you get terminated from your job, the first question you should ask yourself is whether the termination was legal or not. It is important to note that a majority of employment in California is based on an ‘At-Will’ basis. This means that an employer can terminate an employee at any time for any or no reason — as long as the reason is legal. Emphasize the term legal, because employees are protected by labor laws.
A few labor laws include:
- Labor Code Section 98.6 protects the employee from feeling threatened from filing a claim or complaint with the Labor Commissioner.
- Labor Code Section 230(a & b) protects the employee from retaliation from the employer from taking time to serve on a jury or become a witness of a crime.
- Labor Code Section 230(c, e, & f) protects the employee against all kinds of discrimination such as domestic violence, sexual assault, physical injury, or statues
NOTE: The labor laws are broad. This is why it is wise to seek the services of an experienced Van Nuys wrongful termination lawyer.
On the other hand, if you have a contract with an employer, the contract sets the conditions of the employment. This often covers employment duration, duties, and more. In such a situation, the ‘At-Will’ basis of employment does not apply. This applies to those with offer letters and other written documents for employment. If you have such employment conditions, you can enforce the terms of the contract by going to court.
When it comes to the ‘At-Will’ form of employment, it can be difficult to prove wrongful termination because of the implied contract. What does this mean? An implied contract is basically an agreement based on things an employer said or did. Nevertheless, fear not because the civil court will first examine different factors to determine the implied contract that exists.
Examples of these few factors include:
- Assurances of continued employment
- Positive performance reviews
- Job promotions
- The duration of employment
- If you were given a notice of layoff or firing
- If you assumed the employment was long-term
What Are the Factors for a Wrongful Termination Claim in Los Angeles?
Although the state of California is an ‘At-will employment’ state, if an employee is terminated for an unlawful reason, that employee has the legal right to file for wrongful termination. Generally, there are seven main factors for wrongful termination litigation:
California prohibits employment discrimination and harassment. This is based on California’s Fair Employment and Housing Act. As such, an employee cannot be terminated based on race, nationality, religion, gender, being LGBT, pregnancy, age, political affiliation, disability, medical condition, and more.
According to Labor Law Code 1102.5LC, employers are prohibited from retaliating against employees who report violations to the government or law enforcement agencies or their supervisors or bosses.
Violation of an Implied Contract
The term “implied contract” refers to an agreement that is understood by both parties even if it is not written or signed. Therefore, if an employer violates an implied covenant of good faith and fair dealings, you may be owed compensation.
Violation of the Public Policy
This kind of violation occurs when the employee is terminated for refusing to obey an employer’s order to break the law, like criminal fraud.
Filing a Workers’ Compensation Claim
According to state law, all employers are required to have workers’ compensation insurance. This is designed to help employees who have been injured on the job.
Mass Layoff With Insufficient Notice
If an employer fails to inform an employee in advance about the layoff, the employee has the right to file a wrongful termination claim. The employer is required to inform employees in advance under the WARN (California’s Worker Retraining and Notification) act.
Fired For Making Salary and Hour Protests or Taking Leave
It is wrongful termination when a worker is terminated or laid off for asking for or taking family medical leave. According to the FMLA (Family and Medical Leave) Act, a worker can take a family medical leave.
What Actions Should I Take After a Wrongful Termination in California?
If you suspect you have been wrongfully terminated from your job, there are several steps you can take. These steps are geared toward helping you protect your rights. They include:
- Act Quickly – Time is paramount when it comes to wrongful termination claims. That is because the time frame for filing litigation is short, which begins from the date of the termination.
- Have Documentation – There are several ways to document the details. For example, you may prefer to write down the events showing sexual harassment or discrimination. Do not forget to include the dates and times.
- Consult a Wrongful Termination Lawyer – It is wise to seek the services of our wrongful termination lawyers in Van Nuys. There are many benefits to having an experienced attorney by your side.
- Stay Away from Social Media – Do not post anything about your firing or termination on social media. That is because the defendant’s lawyers will look for anything you have posted on your social media about your job, intending to use it against you or your claim.
What Compensation Can I Get for My Wrongful Termination Case?
It is important to note that a wrongful termination case is a civil lawsuit, which is different from a criminal lawsuit. In civil litigation, the plaintiff (victim) will be asking the courts to order the defendant (employer) to pay some monetary value for the losses as compensation.
On the other hand, it is difficult to come up with an actual total amount for your wrongful termination case. However, you can get an estimate from our wrongful termination lawyer after evaluating your case. To get this information, book a consultation session by calling 818-981-1800.
All in all, the following factors will affect the amount you will get in a wrongful termination case:
- Lost wages – Both lost and possible future earnings will affect the amount you will get. To know how this is calculated, speak to us.
- Lost benefits – You will be able to recover the value of lost benefits. The benefits may include medical benefits, pension benefits, dental insurance benefits, and more.
- Pain and suffering – Because losing a job can cause stress, anxiety, and depression, you may be able to recover monetary value for the emotional distress.
- Punitive damages – This type of compensation is awarded to a victim as a way to punish the defendant. It is designed to deter similar behavior in the future by others. It applies in egregious cases.
- Lawyer Fees – In some cases, you may be able to recover attorney fees and other costs related to the case.
What Is the Statute of Limitation for Wrongful Termination?
The statute of limitation simply refers to the time one has to file a case, whereby if they fail to observe the time, they forfeit the case forever. The statute of limitation is a time frame set by California law. According to California’s wrongful termination statute of limitation law, the time frame differs based on the type of claim.
Below are the different deadlines for wrongful termination under California law:
- Public Policy – 2 Years
- Implied Oral Contract and Breach of Contract – 2 Years
- Whistleblower Under Labor Code 1102.5 – 3 years
- Fair Employment and Housing Act – 3 Years (to be filed with the department of fair employment and housing)
- Whistleblower under Sarbanes-Oxley Act – 90 Days (to be filed with US Department of Labor)
- WARN Act – 3 years
NOTE: With all the different cases and statutes of limitation, the time begins from the date of the termination. If you choose to file a federal discrimination lawsuit, you will have 180 days to file an official complaint with the EEOC. After this, the victim will receive a notice of right to sue, whereby the plaintiff will have 90 days to do so.
Get Help From a Proven Van Nuys Wrongful Termination Lawyer!
If you believe you may have been illegally terminated, you have the right to file a wrongful termination lawsuit in a civil court. However, it is wise to do so quickly due to the statutes of limitations. At Fraigun Law Group, our wrongful termination lawyers in Van Nuys will uphold your legal rights and help you secure maximum compensation for your losses.
If you are looking for these services in the Los Angeles area, call us now at 818-981-1800 to schedule a free consultation.