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When to Hire a Lawyer in Wrongful Discharge Cases in Los Angeles
In areas like Los Angeles where at-will employment is recognized, most employees would often feel they have no right to complain if they get fired no matter how arbitrarily or wrongfully they were discharged from work.
But wrongful discharge (also known as illegal termination or wrongful dismissal) is still possible even if the employment relationship is at-will where the employer has the power to discharge individuals "for good cause, or bad cause, or no cause at all”. Thus, employees who were wrongfully discharged may seek the services of lawyers to file a case against their employer for illegal termination.
You or your lawyer may file a wrongful discharge claim under the following circumstances:
Discrimination is the leading factor in most wrongful discharge cases. Under the law, employees are protected against termination if such employment decision is based on his/her’s race, gender, national origin, disability, religion, age (at least 40 years old and above) and even genetic information. If you are working in Los Angeles, you are also protected from wrongful discharge on the basis of your marital status, pregnancy, and gender orientation.
It is also considered wrongful discharge if an employee was fired because employee filed a claim of discrimination or is participating in an investigation against the employer. This is considered as retaliation and this is strictly prohibited under the law. If an employee reported you to the Occupational Safety and Health Administration for hazardous work conditions, it would be illegal for you to terminate him.
Firing an employee against “public policy” is unlawful. You cannot fire an employee if he/she refuses to commit an illegal act, complained about an employer's illegal conduct, or even exercised certain rights as an employee. A common example of this is firing a pregnant employee who is on leave despite being on the Family Medical Leave Act benefits.
Also, even if your employment is not considered at will and you have an employment contract, wrongful discharge shall also be applied if you were fired against the tenor and duration of your contract.
Losing a job is painful and for cities like Los Angeles where the unemployment rate is high, it can be devastating to you and your family. But even if you are no longer an employee, you have certain employee rights such as being protected against wrongful discharge. So if you feel your rights were violated when you were fired and you were either discriminated against, retaliated on, or dismissed against your contract and public policy, you may sue your employer.
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