5 Common Grounds for Wrongful Termination in Sherman Oaks: Know Your Rights
Were you fired recently in Sherman Oaks or anywhere in the San Fernando Valley and suspect something wasn’t right? California law offers robust protections for employees, and if your termination was based on illegal grounds, you may have a case for wrongful termination. At Fraigun Law Group, we’ve seen a variety of wrongful termination cases, and some of the most common reasons are based on discrimination, retaliation, or breaches of employment contracts.
Here are the top 5 grounds for wrongful termination we see in Los Angeles and Sherman Oaks:
1. Discrimination-Based Termination
In California, it’s illegal for employers to terminate an employee based on discrimination related to protected categories under state and federal law. This includes race, age, gender, sexual orientation, religion, disability, and more. Discrimination can sometimes be subtle, but there are often warning signs to watch for.
Protected Categories in California Include:
- Age (40+)
- Race/ethnicity
- Religion
- Gender/gender identity
- Disability
- Medical condition
- Pregnancy
- Sexual orientation
- National origin
Warning Signs of Discrimination-Based Termination:
- Sudden performance issues: Have you been a stellar employee for years but suddenly, your performance is being questioned after revealing a pregnancy or medical condition?
- Changes in treatment: If you’ve noticed a shift in how you’re treated by supervisors after requesting religious accommodations or disclosing your sexual orientation, it may indicate discrimination.
- Hostile comments: Remarks about your age, gender, or ethnicity that create a hostile environment can signal an unlawful termination.
- Being replaced by a different demographic: If you were let go and your replacement fits a different age group, gender, or race, it may raise suspicion of discrimination.
2. Retaliation for Protected Activities
One of the most common reasons employees face wrongful termination is retaliation for participating in protected activities. California law protects workers who stand up for their rights, and employers are prohibited from retaliating against employees for actions such as reporting harassment, filing wage claims, or taking family leave.
Common Scenarios Leading to Retaliation:
- Reporting harassment: Filing a formal complaint about sexual harassment or discrimination is a protected action, and firing you for it is illegal.
- Filing wage or hour claims: Reporting that you’re being denied overtime or minimum wage is a right under California’s Labor Code.
- Taking medical leave: Under laws like the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA), you are entitled to take leave for medical reasons without fear of losing your job.
- Requesting accommodations: If you ask for accommodations due to a disability or medical condition, your employer cannot retaliate by firing you.
- Whistleblowing: Reporting illegal activity within your company is protected under whistleblower laws, and any termination related to such reports is considered retaliation.
3. Contract Violations
Did you have a written contract with your employer, or did the company’s policies imply job security through handbooks or verbal agreements? If so, you might have grounds for wrongful termination based on contract violations.
Look for These Common Signs of Contract Violations:
- Written agreements: Review your employment contract for any clauses about termination procedures. If the company violated this, you may have a claim.
- Employee handbooks: Sometimes, company policies and procedures outlined in employee handbooks create an implied contract, especially if they include progressive discipline policies.
- Verbal promises: In some cases, verbal assurances of continued employment or specific terms for termination can also serve as grounds for wrongful termination.
- Commission and bonus agreements: If you were promised bonuses, commissions, or specific pay structures and those agreements were broken through your termination, this might constitute wrongful termination.
Local Tip:
Sherman Oaks workers, particularly in industries like entertainment or tech, often face contractual breaches when they’re let go. These industries frequently operate under complex commission structures or verbal agreements that could be violated.
4. Public Policy Violations
Employers are prohibited from firing workers for engaging in activities that are legally protected under public policy. These are actions that benefit the public good or that you are legally required to participate in, like serving on a jury or filing a safety complaint.
Protected Actions Under Public Policy:
- Jury duty: If you were fired for serving on a jury, that’s a violation of public policy.
- Military service: Under USERRA, employers cannot terminate an employee for taking time off for military service.
- Political activities: In California, employees are protected from being fired due to their political affiliations or actions.
- Refusing to perform illegal acts: If your employer asks you to commit an illegal act—such as falsifying documents or violating labor laws—and you refuse, firing you for that refusal is against public policy.
- Reporting violations: Reporting illegal activities in the workplace, such as safety violations or fraud, is protected under whistleblower laws.
- Taking protected leave: If you’ve taken leave under FMLA or CFRA, you’re protected from termination during that time.
5. Constructive Discharge
Sometimes, an employer doesn’t outright fire an employee, but instead creates such intolerable working conditions that the employee is essentially forced to quit. This is called constructive discharge and is considered a form of wrongful termination in California.
What Conditions Could Lead to Constructive Discharge?
- Severe harassment: If harassment based on race, gender, or other protected categories becomes unbearable, it could lead to constructive discharge.
- Dangerous working conditions: If your workplace is physically dangerous, and your employer refuses to address the issues, quitting might be considered constructive discharge.
- Unpaid wages: Being consistently denied wages for work performed is a violation of labor law, and quitting under these circumstances could support a constructive discharge claim.
- Cut hours or pay: If your employer drastically reduces your hours or pay without justification, forcing you into a financial bind, you might have a case for constructive discharge.
- Impossible quotas or expectations: If your employer imposes unachievable work expectations that no reasonable employee could meet, it might be grounds for constructive discharge.
Concept Example:
A warehouse worker in the San Fernando Valley was subjected to increased workloads and reduced hours after filing a wage claim. The unbearable conditions eventually led the worker to resign. This case was later determined to be a constructive discharge.
Don’t Let Your Career Get Terminated Without a Fight
Wrongful termination can happen for many reasons, and in California, you have strong legal protections if you’ve been fired for illegal reasons. Whether it’s discrimination, retaliation, or contract violations, you don’t have to accept the situation without a fight.
At Fraigun Law Group, we specialize in defending employees in Sherman Oaks and the San Fernando Valley who’ve been wrongfully terminated. From Studio City to Burbank, we understand the local employment dynamics and are here to protect your rights.
Contact us today to start building your case and ensure you receive the justice you deserve.