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Wrongful Termination Lawyers in Los Angeles

Wrongful termination occurs when an employer illegally fires, dismisses, or forces an employee to quit for reasons that violate public policy or employment laws. While California is an "at will" employment state - meaning an employer generally has broad discretion in terminating an employee - those terminations become unlawful if they are motivated by discrimination, retaliation, or other protected activities.

Kingsley Szamet wrongful termination lawyers

When an employer's decision to end employment violates state or federal laws or legally protected public policies, a worker has grounds for a wrongful termination claim. In California, there are robust worker protection laws that safeguard employees from being wrongfully terminated for reasons that can include discrimination, whistleblowing, or exercising legal rights. The repercussions of unlawful firing can extend beyond immediate job loss, often resulting in devastating financial consequences including past and future lost wages and benefits, as well as significant emotional distress damages that can affect every aspect of a person's life.

Wrongful Termination Attorneys at Kingsley Szamet Employment Lawyers

Our Los Angeles wrongful termination attorneys at Kingsley Szamet Employment Lawyers have 27 years of experience fighting for employees like you who have suffered from wrongful discharge, forced resignation, and other unlawful employment practices. With $300 million recovered in verdicts and settlements, our firm is trusted by workers across California who have become victims of wrongful termination.

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Wrongful Termination Due To Retaliatory Reasons

Plaintiffs in workplace retaliation lawsuits must show that they lost their job as the direct result of their employer's retaliation. Workers must show that they were engaged in protected conduct under California employment law such as reporting wrongdoing, filing a complaint with the human resources department or with the Los Angeles Equal Employment Opportunity Commission (EEOC). Plaintiffs must also demonstrate that they exercised their rights and subsequently faced unlawful consequences. Los Angeles employers are prohibited under both state and federal laws from retaliating against workers who have engaged in activities that are legally protected. 

It remains illegal to fire employees in response to such actions, and affected workers must prove the employer's retaliatory action had adverse consequences on the job such as a demotion, salary decrease, or an unwarranted negative performance review. Some forms of evidence can be used to demonstrate retaliation influenced termination could include:

  • Documented complaints about sexual harassment that were filed shortly before termination
  • Evidence of reporting unsafe working conditions to management or government agencies followed by adverse employment actions
  • Records showing requests for overtime pay that were denied or ignored prior to dismissal
  • Documentation of approved medical leave that was followed by termination shortly after returning to work
  • Proof of reporting a company violation of industry regulations to supervisors or compliance officers
  • Evidence of refusal to participate in illegal activity requested by management or executives
  • Pattern of discrimination against employees sharing the same protected characteristics (age, race, gender, etc.)
  • Documentation showing employer's history of labor code violations, including issues with unpaid wages or misclassification of employees as independent contractors

Proving retaliatory wrongful termination requires establishing a clear timeline between an employee's protected complaint and their subsequent termination, which often serves as powerful evidence in retaliation claims. Wrongful termination cases involving discrimination can be substantiated by identifying inconsistencies or contradictions in the employer's stated reasons for dismissal, particularly when these explanations change over time or lack supporting documentation. The strength of a case significantly increases when an employee can demonstrate that their termination represented a violation of the company's own internal policies and procedures regarding progressive discipline or termination protocols.

Wrongful Termination Due to Breach of Contract

Wrongful termination due to breach of contract occurs when an employer fires an employee in violation of a written or implied agreement. If you have a written employment contract with your California employer that sets forth the conditions of your employment and the duration of such a contract, you are not an at-will employee. For example, you may have a job contract that states you will be employed for a specified number of years. You may also have an offer letter or other written document that promises you continued employment. If you have such contracts in place, you may be able to enforce them in court.

An implied contract, which is essentially an agreement based on things your Los Angeles employer said and did, is also another exception to the at-will rule. However, this type of contract may be challenging to uphold because this type of wrongful termination can be difficult to prove.

Courts in California examine a number of factors when it comes to determining whether an implied contract existed. These factors include the duration of your employment; frequency of job promotions; positive performance reviews; assurances of continued employment; whether your employer gave you notice of a firing or layoff; and whether you were assured of long-term or permanent employment when you were hired. A wrongful termination example could involve an employer terminating an employee before the contract has formally expired. This can lead to claims for wrongful termination where the employee may have an independent claim for fraud if the employer failed to perform their duties under the contract for its entire duration without proper justification, revealing an ulterior motive for termination.

Wrongful Termination Due To Unlawful Dismissal from Job

Wrongful termination due to unlawful dismissal occurs when an employee is fired for reasons that are illegal under California law, such as discrimination or retaliation. This type of wrongful termination violates the employee's legal rights and can be a result of several unlawful actions, including:

  • Discrimination based on race, gender, age, disability, or other protected categories
  • Retaliatory act for reporting harassment, unsafe working conditions, or wage violations
  • Employment violation of an agreement between the employee and employer
  • Termination that violated legal rights as a worker in California, such as wrongful dismissal after taking protected leave

Wrongful Termination Due To Discriminatory Reasons

Wrongful termination due to discriminatory reasons occurs when an employer fires, lays off, or forces an employee to resign based on their protected characteristics - such as race, gender, age, disability, religion, or national origin. This is a violation of both federal and state anti-discrimination laws that protect workers from such unfair treatment in the workplace.

Some of the different forms of evidence you can collect to show discrimination include:

  • Documented discriminatory comments, emails, texts, or recorded conversations from supervisors or management
  • Personnel records showing pattern of favorable treatment to employees outside your protected class
  • Timing evidence connecting termination to disclosure of protected characteristic or medical condition
  • Witness testimony from coworkers who observed discriminatory treatment or comments
  • Performance evaluations showing positive reviews before revealing protected characteristic
  • Statistical evidence demonstrating disproportionate termination of employees in your protected class
  • Inconsistent explanations provided by employer for the termination decision
  • Evidence of replacement by someone outside your protected class shortly after termination

It is illegal for California companies to fire at-will employees based on discrimination. If you were fired because of protected characteristics such as race, color, national origin, gender, religion, age, disability, or pregnancy, it is important that you speak with a wrongful termination lawyer right away. There are statutes of limitations or deadlines that apply to discrimination claims. So, time is limited.

Services Offered By Kingsley Szamet Employment Lawyers

At Kingsley Szamet Employment Lawyers, we offer expert representation for wrongful termination cases, with 27 years of defending employees and $300 million in settlements and verdicts. We provide a free initial consultation to discuss your case and help you understand your legal options.

Our wrongful termination services include:

Wrongful Firing Due To Constructive Termination

Constructive termination occurs when an employee is forced to resign due to intolerable working conditions, such as harassment, discrimination, or a violation of their legal rights by the employer. In such cases, the resignation is treated as a termination, and the employee may have a valid claim for wrongful discharge. If your employer created an environment that forced you to quit, you may be entitled to compensation for lost wages, emotional distress, and other damages resulting from the constructive termination.

Unfair Workplace Practices

Unfair workplace practices refer to actions by an employer or coworker that violate an employee's rights, such as discrimination, harassment, retaliation, or failure to follow company policies and labor laws. If your employer breached their duty or acted in bad faith, they may have acted illegally in firing you. There are numerous ways an employer's actions during termination can potentially violate state and federal laws.

Examples of unfair workplace practices can include:

  • Deliberately misleading employees about chances of promotions or salary increases.
  • Laying off an older worker to replace him or her with a younger person who will work for lower pay.
  • Transferring employees to undesirable locations and assignments with the intention of forcing them to quit without collecting severance pay or other benefits to which they would be entitled.
  • Misleading employees about negative aspects of a particular job to trick them into taking on the job or assignment.
  • Taking adverse action against an employee to prevent him or her from collecting commissions or other payments that are due to them.

Public Policy Violations

Public policy violations occur when an employer takes actions that contradict established laws or regulations designed to protect employees, such as firing someone for reporting illegal activity or for taking legally protected leave. It is against the law to violate public policy while firing a worker. For example, a California employer cannot fire an employee for taking time off to vote, serving on a jury, taking time off to serve in the military or National Guard, or because he or she filed a workers' compensation claim for an injury that was sustained on the job. Employees also cannot be fired for notifying the authorities about illegal activity or wrongful activity that is going on at the workplace. This is known as "whistleblowing." There are California whistleblower laws created to project employees against unjust firing. For example, you cannot be fired for alerting the Occupational Safety and Health Administration (OSHA) about unsafe conditions in the workplace.

Termination Due To Defamation

Defamation can occur when an employer or coworker makes false statements about an employee that harm their reputation, causing damage to their career or personal well-being. The purpose of a defamation lawsuit is to protect your reputation and good standing in your community. To prove that defamation was a factor in your job loss, you must be able to show that in the process of firing you or subsequently providing references, your California employer made false or malicious statements about you and sabotaged your job search efforts. To sue for defamation, you must show that your employer made a false or inaccurate statement about you and did so with malice, meaning it was deliberately false. Your employer should have conveyed this false information at least to one other person (verbally or in writing) and harmed you by communicating this information. Such harm may include job loss or preventing another employer from hiring you.

Get Help From Top Rated Los Angeles Wrongful Termination Lawyer

When facing workplace legal challenges, you need an experienced advocate who understands both the law and your personal situation. At Kingsley Szamet Employment Lawyers, we combine over 27 years of expertise in employment law with personalized attention to help employees protect their rights and achieve the best possible outcomes. Our focused practice, proven track record, and commitment to clear communication make us the trusted choice for wrongful termination representation in Los Angeles, Ca.

Schedule your complimentary initial consultation with our Los Angeles Employment Law Firm by calling (818) 572-4143 today.

Client Testimonials

At Kingsley Szamet Employment Law, our clients' experiences speak volumes about our commitment to service and results. With Over 300 Million in settlements and verdicts, we take pride in guiding employees through workplace challenges with clarity, professionalism, and dedication. Whether one of our attorneys is taking a case to court or providing candid advice about your options, our focus remains on delivering value and support when you need it most. Here's what some of our clients have to say about working with us:

Sal B.

I've dealt with 3 different lawyer companies before and this is a great one. They not only keep you up to date with the process but just in case they forget to keep you in the know there I a tracking system to let you know the current process of your case.

James P.

I was having some major issues with my employer and they were very patient and professional as I explained everything. They provided some good ideas for me going forward. It's not a case that is being pursued but the fact they took so much time to clearly explain employment law to me and give me some helpful steps to take free of charge was greatly appreciated. Highly recommended!

Angel E.

I can't recommend Kingsley & Szamet highly enough! From the start, they took care of everything, making the entire legal process stress-free for me. I was worried because I didn't have access to many of the documents I thought I'd need from my former employer, but the team assured me they could work with what I had - and they did exactly that. Their expertise and persistence led to a successful settlement, and I barely had to lift a finger. They knew exactly how to present my case, negotiate effectively, and get my prior employer to agree to fair compensation. I truly appreciate their professionalism, dedication, and hard work.

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Frequently Asked Questions

How much can I sue for wrongful termination in California?

In California, the actual amount one might recover typically depends on multiple factors including case specifics and individual circumstances. Wrongful termination damages could include lost wages (both past and future earnings), emotional distress, damage to professional reputation, and in some cases, punitive damages, though a wrongful termination settlement amount can vary significantly.

What evidence do I need to prove wrongful termination?

Evidence that might support a wrongful termination claim could include various forms of documentation such as emails, performance reviews, or company policies. Testimony from colleagues who witnessed relevant behavior or could speak to your performance might be valuable, as well.

Is it expensive to sue for wrongful termination?

At Kingsley Szamet Employment Lawyers, we work on a contingency fee basis, which means we only get paid if you win your case.

What is the statute of limitations for wrongful termination claims in Los Angeles?

In Los Angeles, California, there are different statute of limitations for wrongful termination claims depending on the specific legal basis for the claim. For example, defamation might be as little as 1 year, where a written employment contract breach might be as long as 4 years.

What California Laws Protect Employees from Wrongful Termination?

Some of the laws that protect employees from wrongful termination in Los Angeles include: Fair Employment and Housing Act (FEHA), California Labor Code, Public Policy Protections, Contract Protections, California Family Rights Act (CFRA), California Equal Pay Act prohibits pay discrimination and retaliation, and Pregnancy Disability Leave Law among others.

We Hold Employers Accountable - Get Help Now

You do not have to go through this alone. Contact our Los Angeles Employment law firm for a free case evaluation. We represent our clients on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation, and you will never have to pay out-of-pocket. California-only. We are unable to help those outside of California. Call (818) 990-8300

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