Losing a job is upsetting under any circumstances. If you believe you were wrongfully terminated, you may wonder how to hold your employer accountable. Fortunately, California law protects workers from being fired for unlawful reasons, such as discrimination, retaliation, or refusing to break the law.
Moon Law Group, PC, has focused solely on employee rights since 2007. As one of the largest plaintiff’s employment law firms in California, we have recovered millions for workers across the state. Our team is ready to take on employers who think they can get away with treating their employees unfairly, and our proven track record of success in both state and federal courts shows we mean business. We regularly represent clients in individual and class action cases, helping groups of workers fight back together.
If you were fired for an unlawful reason, contact Moon Law Group to speak with a Los Angeles wrongful termination attorney today. Your consultation is free and confidential, and you pay nothing unless we successfully resolve your case.
How Can a Los Angeles Wrongful Termination Lawyer Help with My Case?
Wrongful termination cases can be complex. A skilled Los Angeles wrongful termination attorney can evaluate your firing and determine whether your employer violated California wrongful termination laws. This includes reviewing timelines, communications, and employment records to identify whether your termination was based on a protected activity or an unlawful reason.
Your attorney will help gather and preserve critical evidence that may show the real reason behind your dismissal. In many cases, employers attempt to conceal unlawful motives by citing performance issues or restructuring. An employment lawyer knows how to uncover pretext and expose bias or retaliation.
If you have a strong case, your attorney will represent you in settlement negotiations or in court. Moon Law Group possesses the resources, litigation experience, and staff to represent employers of any size, including corporations with extensive in-house legal teams. We understand how to navigate wrongful termination laws in California and will ensure that no important legal option is overlooked. Reach out to us today to discover how we can protect your rights.
For a free legal consultation with a wrongful termination lawyer serving Los Angeles, call 213-232-3128
When Does a Dismissal Constitute Wrongful Termination?
Wrongful termination happens when an employer fires you for a reason that violates state or federal law, public policy, or an employment contract’s terms. California is an at-will employment state, which means your employer can generally terminate you at any time and for any lawful reason. However, there are important exceptions that protect workers.
You may have a claim for unlawful termination if your firing involved any of the following:
- Discrimination or retaliation based on race, gender, age, disability, sexual orientation, or other protected characteristics
- Violating a written or implied contract, including promises made in employee handbooks or policies that suggest job security or progressive discipline
- Refusal to engage in illegal activity, like participating in fraud, safety violations, or labor law breaches
If you believe your dismissal crossed one of these legal lines, Moon Law Group can help you assess your situation and take action under California wrongful termination laws.
Los Angeles Wrongful Termination Lawyer Near Me 213-232-3128
What Are Instances of Wrongful Termination for Discriminatory Reasons?
Being fired because of who you are, rather than how you do your job, is discriminatory. It’s also illegal. Some of the most common examples of wrongful termination for discriminatory reasons include the following:
- Getting fired shortly after announcing a pregnancy
- Being let go after asking for time off related to a disability
- Losing your job after requesting a religious accommodation
- Facing termination after coming out as LGBTQ+ or transitioning gender
- Being replaced by a younger employee after turning 50
- Being excluded from projects and then terminated because of your race or national origin
These terminations often don’t happen in a vacuum. You might notice sudden changes in how you’re treated. This could include being written up unfairly, excluded from meetings, or targeted for downsizing without explanation. A wrongful termination attorney at Moon Law Group can help connect the dots and build a strong case.
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What Are Examples of Wrongful Termination for Retaliatory Reasons?
Retaliation occurs when your employer fires you for exercising your legal rights. Your termination might quickly follow a protected action, such as reporting wrongdoing or standing up for yourself at work.
Common examples of retaliatory firings include being let go after any of the following:
- Reporting wage theft, unpaid overtime, or illegal deductions
- Complaining about unsafe working conditions or labor violations
- Participating in a workplace investigation involving harassment or discrimination
- Taking protected medical or family leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
- Requesting reasonable accommodations for a disability or pregnancy
- Objecting to unlawful instructions, like falsifying records or lying to regulators
- Filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), Department of Fair Employment and Housing (DFEH), or Labor Commissioner
- Talking to co-workers about wages or organizing a union effort
Some workers wonder: Can you be terminated while on workers’ compensation? Like the examples above, you cannot be fired simply because you filed or plan to file a workers’ compensation claim.
Retaliation claims often rely on the timeline of events and internal communications. Moon Law Group can help you gather proof and take strategic legal action to hold your employer accountable.
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What Are Other Common Instances of Wrongful Termination?
In some cases, your employer may try to disguise an unlawful firing as something routine. For example, layoffs are sometimes used to cover up discriminatory or retaliatory motives, especially when only certain employees are targeted.
Other common examples include the following:
- Being fired for taking time off for jury duty or voting
- Losing your job after reporting unethical or illegal behavior
- Being pushed to resign due to ongoing harassment or a hostile work environment (this is also known as “constructive discharge”)
- Getting fired in violation of your employee handbook or promised procedures
Even if your employer claims it was “just business,” their actions may still violate California wrongful termination laws. If you suspect your termination violated California or federal law, Moon Law Group can help.
What Law or Laws Protect Employees from Wrongful Termination in Los Angeles?
There are specific state and federal laws that protect workers from discrimination, retaliation, and other forms of unlawful treatment. These laws sometimes overlap, which means you may be protected under multiple statutes.
California Labor Code § 1102.5
This law protects whistleblowers who report suspected violations of law to their employer or a government agency. If you’re fired for speaking up about illegal activity, you may be protected.
California Fair Employment and Housing Act (FEHA)
Under the Fair Employment and Housing Act, you’re protected against being terminated because of characteristics like your race, religion, disability, gender, sexual orientation, and more. FEHA also prohibits retaliation for asserting these rights.
California Labor Code § 132a
This statute makes it illegal for an employer to fire or discriminate against you because you filed or intend to file a workers’ compensation claim.
Federal Laws: Title VII, ADA, FMLA, ADEA
Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Age Discrimination in Employment Act (ADEA) offer additional protections for employees nationwide.
A knowledgeable attorney from Moon Law Group can review your case and help identify all potential claims.
What Steps Should I Take if I Think I’ve Been Wrongfully Terminated?
If you suspect your termination was unlawful, take the following steps right away:
- Don’t sign anything your employer gives you until you’ve consulted a lawyer. This includes severance agreements, NDAs, or final paycheck acknowledgments.
- Gather documentation that supports your case, like emails, performance reviews, HR communications, and any disciplinary notices.
- Write down key events as soon as possible. Include dates, names of witnesses, and anything that seemed unusual leading up to your dismissal.
- Contact a wrongful termination attorney from Moon Law Group to help you understand your rights and learn how to prove wrongful termination.
The faster you act, the better. Early legal intervention helps prevent mistakes that could hurt your case later.
What Compensation, Damages, or Remedies Are Available in Wrongful Termination Cases?
If you win a wrongful termination case, you may be entitled to several forms of compensation. Most claims seek lost wages and benefits. This includes back pay and any future income you lost due to being fired. Reinstatement to your former position might also be possible, although this is less common.
You can also pursue emotional distress damages if your termination caused significant mental or emotional harm. Similarly, if your employer’s actions were especially reckless or malicious, a court may apply punitive damages as a way to punish and deter their unlawful behavior. California law also allows successful employees to recover attorneys’ fees and legal costs.
When you speak with an attorney from Moon Law Group, we can assess your case to determine what compensation you may pursue.
How Long Do I Have to File a Wrongful Termination in California?
You might wonder, “Can I sue for wrongful termination in California?” The answer is yes — but waiting too long could prevent you from pursuing your case.
The deadline to file a wrongful termination claim depends on the type of violation involved. For example:
- Discrimination or harassment claims under the California Fair Employment and Housing Act (FEHA) must be filed with the California Civil Rights Department within three years of your termination.
- Workers’ compensation retaliation claims under Labor Code § 132a must be filed within one year.
- Whistleblower retaliation or wrongful termination in violation of public policy typically carries a statute of limitations of two to three years, depending on the circumstances and legal basis.
Because these deadlines can vary, it’s important to talk to an attorney as soon as possible after your firing. Moon Law Group can help you meet all applicable deadlines and build a strong, timely claim.
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