Wrongful Termination in simple terms, is any a termination, firing or demotion that violates a law, whether public policy, a state or federal statute, regulation, or constitutional provision. For example, if the employer tells a worker to violate any law or they will be fired, the employer cannot legally fire that employee for refusing to do such work. Additionally, if the employee complains about what he/she reasonably perceives as a violation of the law, like sexual harassment, failure to pay overtime, workplace safety issues or otherwise, and is fired in retaliation, there would be a claim for wrongful termination, and that person should speak to a wrongful termination attorney.
It is also illegal in Los Angeles to fire a employee because of their race, age, race, gender, religion, disability, sexual orientation or national origin. Although such discrimination claims are covered under the California Fair Employment and Housing Act (FEHA), they also give rise to a common law claim for a termination in violation of public policy. The same would hold true for terminations made in retaliation for an employee’s opposition to, or complaints about, discrimination or harassment based on any of the aforementioned protected classifications. For example, an employee that complains of sexual harassment, and is then subjected to unwarranted work-related criticism, discipline, write-ups, or is fired, would have a claim for retaliation under FEHA as well as at common law. For more specific details, please consult with an experienced employment law attorney. Los Angeles wrongful termination attorney Jonathan J. Delshad represents both plaintiffs and defendants in wrongful termination actions.
Other terminations are unlawful because they are expressly prohibited by different statutes. Some of these include terminations of workers based on sexual orientation or those employees that take Family or Medical Leave. Employees who take leave because they have a serious medical condition, or must care for a parent or child that has such a condition, are protected by the law provided that they worked for the employer for more than one year, worked more than 1,250 hours during the previous year, and the company has more than fifty (50) employees that work within a seventy five (75) mile radius.
If you believe that the employer’s real motivation for terminating you involved discrimination, harassment, retaliation or whistle blowing, or a violation of another law, you may have a claim for wrongful termination and you should speak to a qualified Los Angeles wrongful termination lawyer.