If you were recently terminated from your job and think it may have been illegal, you could have a wrongful termination claim. Wrongful termination in L.A. happens for lots of different reasons. Read on for more tips for determining if you have a legitimate wrongful termination claim.
When employers fire workers in violation of state, local, or federal laws, public policies, or an employment contract, they have to be held accountable for their actions. Wrongful termination specialists recommend hiring an attorney to advocate, negotiate, and litigate on your behalf.
Examples of Wrongful Termination
The following workplace scenarios and examples can give you a clearer understanding of what constitutes wrongful termination and what does not:
Age Discrimination
If there’s a divide in how the older and younger workers are treated in your company, then you may be entitled to damage. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination.
Older workers have the legal right to hold employers accountable for discriminatory practices. That means employers are not allowed to discriminate against older workers on the following:
- Interviewing
- Payroll
- Benefits
- Promotions
- Layoffs
- Firing
FMLA Violations
The Family and Medical Leave Act (FMLA) provides work leave to those who meet the eligibility requirements and work for a covered employer. You have the right to return to your job, so if you follow the steps required in the FMLA, you are protected. If you were still terminated, you may want to take legal action against your employer.
Racial Discrimination
According to federal laws, employers cannot discriminate against you because of your race. All employees have to be treated fairly and allowed to perform their job without harassment or discrimination.
If you feel you were wrongfully terminated or discriminated against due to your race, you may be able to file charges with the Equal Employment Opportunity Commission (EEOC). This commission can help you seek vindication for your discrimination.
Your employee rights advocate can perform an in-depth look at the facts and assist you with the filing with the EEOC. Working with an experienced attorney can help you save time and money while ensuring your legal needs are met.
Retaliation
Some employees are fired after filing a workers’ compensation claim, which is against the law. Many employees have lost their job for even considering filing a valid claim. If you were hurt on the job and were fired after attempting to apply for your legally entitled benefits, you may have a strong case against your employer.
Sexual Harassment In The Workplace
Sexual harassment is against the law and prohibited in the workplace by most companies’ policies. However, this doesn’t prevent it from happening. Workers are protected from sexual harassment because of the Civil Rights Act of 1964.
If you have been sexually harassed at work and believe that this led to your unlawful dismissal, consult with an employee rights attorney as soon as possible. When it’s determined that you have a valid claim, you can receive back pay from the date of your termination to the settlement or verdict date. You also could be reinstated at your job with pay and benefits. You could also potentially receive additional compensatory damages as well.
Wage Disputes
There’s nothing wrong with fighting for your unpaid wages, commissions, or overtime. This should not be a reason for your termination. There are legal protections in place that protect employees’ rights. These laws help them receive what is due to them without retaliation.
Whistleblower Retaliation
If you were fired because you reported unsafe or illegal issues around your work environment, you could be entitled to termination damages. Many states protect workers with whistleblower rights. Some states even financially reward whistleblowers that catch instances of fraud.
Many state Whistleblower’s Acts find that it is unlawful to terminate employees for uncovering, objecting to, or reporting violations of state and federal law, rules, or regulations. If you have been the victim of illegal termination for reporting illicit activities or refusing to participate in discriminatory conduct, then you have the right to recover damages.
Other Types of Discrimination
There are many different types of discrimination that may occur in the workplace. If you have been discriminated against or dismissed from your job due to your pregnancy, religion, or disability, you may have been illegally fired or laid off.
If you live in an at-will state like California, employers can terminate you without providing cause or justification, and an employee may also quit anytime. However, that doesn’t let employers off the hook.
If an employee is terminated because of discrimination, and a company violates public policy while terminating an employee, or the company’s guidelines for termination were not followed, the plaintiff can be entitled to compensation.
