Redondo Beach Wrongful Termination Lawyer
Getting fired is often a traumatic experience. Unfortunately, in most cases you do not have any legal recourse. Employment is generally considered “at will” in California, meaning an employer often does not even have to give you a reason for letting you go.
But as with every rule, there are exceptions. There are some reasons that an employer cannot legally use to justify terminating or discharging an employee. If you have been fired for any of these reasons, you need to speak with a qualified Redondo Beach wrongful termination lawyer as soon as possible. At Litigation, P.C., we can represent you in seeking financial compensation and other damages for an employer who has broken the law in this area.
What Are the Reasons an Employer Cannot Legally Fire You in California?
There are several possible grounds for a wrongful termination complaint in California. Some of the more common reasons we assist clients with include:
- Discrimination – California and federal laws prohibit firing an employee on the basis of certain protected characteristics, such as race, sex, religion, national origin, disability, and age (for workers who are 40 years or older). By definition, firing an employee because they belong to a protected class is wrongful termination, as is discharging someone if they file a complaint under the employment discrimination laws.
- Implied contracts – Even if you do not have a written employment contract, there may be an implied contract created by the employer’s conduct. For example, if the employer has an employee handbook that specifies the reasons an employee can be fired, you may have a wrongful termination case if you were dismissed for a reason that was not listed.
- Workers’ compensation – You cannot be fired for reporting a work-related injury or filing for workers’ compensation benefits.
- WARN Act violations – California law requires certain employers to provide employees with at least 60 days notice before conducting a mass layoff (50 or more workers) or closing or relocating a facility. If your employer laid you off without providing timely notice, you can file a lawsuit to seek wages and benefits for the time by which the notice fell short of the 60-day minimum.
- Whistleblowing – Various federal and state laws protect employees who expose potential wrongdoing by their employers. Your employer cannot fire you in retaliation for reporting possible illegal activity, either internally or to an appropriate government agency.
- Protected leave – Federal and state law affords workers a variety of leave rights. Some of this leave is unpaid, but it is still “job protected,” meaning you cannot be fired for taking time off in accordance with the law.
- Wrongful constructive discharge – In some cases, if you were forced to quit or resign due to intolerable working conditions, you may still have a case for wrongful termination based on “constructive discharge.”
Contact Litigation, P.C. Today
If you can prove wrongful termination, you can seek a variety of damages, including lost wages (with interest), reinstatement to your previous job, and even compensation for your physical pain and mental suffering arising from your termination. A skilled Redondo Beach wrongful termination lawyer can review the facts of your case and provide you with more specific advice in this area. So if you need to speak with an attorney right away, contact Litigation, P.C., to schedule a free initial consultation.