When an employee is dismissed or terminated for an illegal reason, this is referred to as wrongful termination. If and when this occurs, you may be capable of suing your employer for some kind of compensation. In such cases, the employer will have to deal with significant added penalties and costs. Contact a wrongful termination attorney Los Angeles, if you believe you were dismissed or fired for an illegal reason. If you are unsure whether you were wrongfully terminated or not, consult this list of what constitutes wrongful termination-
Retaliation for Taking Family or Medical Leave
Your employer cannot terminate you for requesting or taking family medical leave. Employees in California are protected from retaliation by employers for using accumulated sick leave for the screening, care, or treatment of a current health problem, or for preventative healthcare for the employee itself or a member of the family of the employee. Moreover, if you request for leave and are fired within 30 days of requesting paid sick leave, you are believed to have been fired wrongfully, and the responsibility is on your employer to assert that the possible explanation for your dismissal was anything other than your request or utilization of sick leave.
Additional Personal Injury Claims
Other personal damage claims may arise from an employee’s employment relationship. An employee who has been terminated after being sexually assaulted by a manager, for example, may have a claim for battery or assault (in addition to a harassment and retaliation claim). Alternatively, an employee who is wrongfully accused of theft may have an assertion for defamation if the company propagates the false information dishonestly, harming the employee’s chances of securing some other job.
Furthermore, if your employer made substantial promises to entice you to accept the position without intending to keep those promises, you may be available for a fraud claim. You could perhaps request the court to grant emotional distress damages, lost wages and benefits, and punitive damages for any of these claims for personal injury.
Violation of the Covenant of Good Faith and Fair Dealing
If your employer terminates you in a profoundly unfair manner, you may have a wrongful termination claim based on your employer’s failure to put up with the “covenant of good faith and fair dealing.” An “implied covenant of good faith and fair dealing” is inferred to both stakeholders in every contract. This essentially means that the parties are assumed to pledge not to act unfairly or dishonestly to infringe the other party of the perks of the agreement as part of any contract. This indicates that, in the frame of reference of an employment relationship, a California boss has a basic responsibility to cooperate with their employee for the employee to perform his or her duties.
Employers are not permitted to make job decisions, such as whether to fire a worker, predicated on protected characteristics. Protected characteristics in California include race, national origin, color, sex (including pregnancy), and religion, among several other characteristics. If you were terminated because you belonged to a protected class, you very well have a strong case for wrongful termination. If you win a discrimination suit, your employer may be required to pay not only your lost income and benefits, but even your attorneys’ expenses and legal expenses, emotional distress damages, and potentially punitive damages.
In California, pregnancy-related discrimination occurs if you are dismissed because you are pregnant, making plans to become pregnant, or are dealing with pregnancy-related health problems or problems of giving birth. Under the California Fair Employment and Housing Act and the Pregnancy Discrimination Act, this is an illegal termination. If you request pregnancy-related workplace accommodations, such as leaves, and yet are denied or terminated because of that, this is also illegal pregnancy discrimination.
If you believe you were unfairly dismissed, you should contact an experienced employment lawyer as soon as possible. As you can see, numerous legal speculations could lead to a lawsuit. A lawyer can assist you in sorting through the facts, determining your strongest arguments, and taking the necessary steps to assert your rights.