Have you lately been let go by your company without apparent cause? Are you worried about your future and unaware of your legal options if your employer fired you wrongfully? Many Los Angeles employees come to PLBH for help managing their employment-related issues.
If you believe you have grounds for a wrongful termination claim, an experienced employment law attorney may be a wonderful help. However, the truth of these cases is that they can be more complicated than they initially seem. Keep reading for answers to some of the most common questions we get or contact us now at (800) 435-7542 for a consultation.
What characteristics indicate a wrongful termination?
Anything you are legally permitted to do, such as reporting your employer to the police for fraud, embezzlement, illegal conduct, safety code breaches, and wage and hour violations, is referred to as a protected activity. You also have the option to forego taking part in illegal workplace actions. You have experienced unjust termination if you lost your job as a result of one of these actions.
It is also seen as wrongful termination if you are let go for another cause that is legally protected, such as your age, race, color, national origin, sex, handicap, pregnancy, religion, or veteran status.
My supervisor replaced me with a younger person – is this wrongful termination?
Maybe. If this is the case, there is a possibility that you will experience age discrimination and wrongful termination at work. To be eligible for protection under California’s age discrimination statutes, you must be at least 50 years old. The key factor in cases like these is usually your employer’s motive.
Is contract breach a ground for wrongful termination?
The at-will employment regulations of California don’t always apply to employees. There exist agreements between employers and employees that may restrict the employer’s power to terminate a worker at any time. If the employer has no justification for firing the employee, the employee could be entitled to claim wrongful termination in certain situations.
Contract workers may be fired legally if they knowingly violate a contract, consistently fail to execute their tasks, or are physically unable to do so. Contracts made orally or in writing are recognized under state law.
Does “at will” employment mean that I might be fired by my employer at any moment and without cause?
Yes and no. When a term of work is terminated at will, neither the employer nor the employee are required to give a cause or advance warning. At-will employment rules do not, however, permit employers to terminate workers for unlawful justifications, such as discrimination, retribution, or the exercise of fundamental constitutional rights.
I immediately lost my job after reporting my boss for engaging in criminal activities at work. Have I got a case for wrongful termination?
Absolutely. You have the right—and, in many instances, the obligation—to inform the appropriate authorities about illegal workplace activities. If your employer retaliates against you in any way, including by terminating your employment, this is unmistakably retribution and gives rise to a claim for wrongful termination.
I injured myself at work, but I’m worried that if I apply for workers’ compensation benefits, my employer would fire me. Do I need to worry?
No. In California, employers that have workers’ compensation insurance have a legal obligation to assist with employee claims rather than to obstruct them. It’s crucial to disclose any workplace injuries that need medical care right away in order to begin the claims procedure. Any delay can prevent you from receiving workers’ compensation payments.
You would have grounds for legal action against these types of retaliation if your employer took any punitive action against you for requesting to file for workers’ compensation benefits, such as denying you access to necessary paperwork, demoting you, moving you to a different department, changing your job hours or pay rate, or firing you.
For answers to other questions, or to get started on your case, contact PLBH at (800) 435-7542.