What Do You Do When You’re Wrongfully Terminated?

You Have Rights As A Worker. I Will Help Protect Them.
Denis ZilberbergJune 29, 2018Wrongful Termination

It’s horrible when you get fired. Now you have to find a whole new source of income without any notice ahead of time. It’s even worse when you know it wasn’t fair. You may have a case for wrongful termination and not even know it. Most employees in the state of California can be terminated for any reason. However, this isn’t always the case and people are often mistaken by that. What does wrongful termination really mean? This is when an employee is fired for unlawful reasons.

Basis on Suing

In order to sue, you will need to prove that it was for an unlawful reason. This includes being fired over:

  • Race
  • Pregnancy or taking maternity leave
  • Mental disability
  • Using of Family Medical Leave (FMLA or CFRA)
  • Political affiliation
  • Gender Identity
  • Religion
  • National Origin
  • Sexual Orientation

There are several other examples where your termination can be deemed unlawful. It is usually a reason under California’s Fair Employment and Housing Act (FEHA). FEHA inhibits discrimination based on religion, race, national origin, age (40 years and above), sex or sexual orientation, marital status, mental or physical disability, or pregnancy and conditions that come with pregnancy.

At Will Employment

It is a common misconception that if you are an “at-will” employee then you cannot claim wrongful termination. “At-will” employment means that the employee doesn’t have a contract with the employer and they can be terminated by the will of the company at any time. This is not an excuse or a pass for a company to commit wrongful termination. If an employer fires an employee based on a protected characteristic such as race then the employee has the grounds to claim wrongful termination. A wrongful termination has also occurred if the employer violates a statute or public policy.

“Whistle Blowing”

You’ve probably heard this term before. When you “whistle blow” this means that you report illegal or an unsafe working environment to the employer, law enforcement, or a government agency. If you complain about an unhealthy or unsafe work environment Labor Code section 6310 will protect you. If you complain or refuse to take part in illegal activities being done by your employer then you are protected under the Labor Code section 1102.5. This includes complaints about things such as unpaid overtime or missed meals. Laws that protect whistleblowers protect you when you try to make a complaint directly to the employer and you don’t have to file a complaint with the government.

Getting fired is overwhelming alone. Getting wrongful termination for a protected right is even worse. It’s unfair when you get taken advantage of by your employer. When dealing with this delicate subject matter, you want someone who is experienced. Matthew A. Kaufman who is a wrongful termination lawyer in Los Angeles, CA has been dealing with cases like yours since 1993. He will use an aggressive approach to get you the compensation you deserve. You should get fired for not doing your job right not for a protected reason like having a disability. Contact the Los Angeles Employment Attorney at The Kaufman Law Firm for an initial consultation using this contact form. Or you can give us a call at our local number 310-981-3404.


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Have You Been Wrongfully

Contact the Westlake Village Employment Attorney at The Kaufman Law Firm For an Initial Evaluation

Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.

To learn more, contact our Westlake Village law office today and schedule an initial evaluation to discuss your case.

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