Los Angeles Wrongful Termination Lawyer
Wrongful Termination Lawyers in Los Angeles, CA
Attorneys at Azadian Law Group who have filed wrongful termination lawsuits acknowledge that unfair termination can significantly impact an employee’s life. It can cause money problems, emotional distress, and pain. It can also harm someone’s career and reputation.
At Azadian Law Group, we actively fight for employees’ rights and ensure that we hold employers responsible for unlawfully firing them. Our skilled Los Angeles wrongful termination lawyer is here to help you obtain the maximum compensation possible if you have experienced unfair termination.
Why Choose Mr. Azadian As Your Wrongful Termination Attorney in Los Angeles
Mr. Azadian has recovered over $100 million for his clients. He is regarded as one of the best Los Angeles employment lawyers specializing in wrongful termination cases.
His philosophy to employment litigation is that you have been very reasonable and highly aggressive. “I simply won’t stop until I get my client a good result. These corporations have put these employees and executives through so much that I am thrilled to give them back their power and voice.”
Our attorney carefully evaluates employment cases to determine if a termination is illegal. He has experience handling many employment cases. He can create a detailed plan and adapt it to meet each client’s needs.
Mr. Azadian understands that some employees are okay with going through a lawsuit. Some people like severance negotiations, and he talks to clients about all options to ensure a good experience. “I understand that 99% of my clients have never sued a company before and will never likely sue again. My job is to get them the best result possible and ensure they are comfortable with the process.”
What Is Wrongful Termination?
State Laws: California is an “at-will” employment state. If employees do not have a contract stating reasons for firing, employers consider them “at-will” employees.
Employers may terminate at-will employees for any (or no) reason as long as it’s not illegal. Generally, illegal reasons for firing at-will employees involve terminations stemming from or related to:
- Discrimination, such as racial discrimination, gender discrimination, pregnancy discrimination, age discrimination, and disability discrimination
- An employee has the right to report their employer’s illegal or fraudulent actions or refuse to participate.
How To File A Complaint Against An Employer for Wrongful Termination?
Filing a complaint for unfair termination is a legal matter. The process can differ based on where you are and your situation. Before taking any formal action, consider consulting an employment attorney. They can evaluate your case, advise you on your rights, and guide you.
- Gather and review your employment contract, if you have one, and any company policies or employee handbooks. These documents may outline the terms of your employment and the procedures for addressing termination.
- Gather and sort important papers like termination letters, evaluations, emails, and proof backing your unfair dismissal case.
- If your employer has a human resources department, follow the company’s internal procedures for addressing employment-related issues. This often includes filing a formal complaint with HR.
- If discrimination, harassment, or labor law violations lead to your unfair termination, you can report it to the government.
- If your complaint to HR or a government agency does not resolve the issue, you may need to file a lawsuit. Your attorney will assist you with this process, including drafting a complaint outlining your case.
- If you are dissatisfied with the trial’s outcome, you may be able to appeal to a higher court. Please consult with our wrongful termination attorney in Los Angeles regarding this process.
Wrongful termination cases can be complicated. The steps you need to take may differ based on your situation and location. Please consult our experienced employment attorney to navigate the process effectively and protect your rights.
Common Examples Of Wrongful Termination In Los Angeles, CA
“Wrongful termination cases typically arise when an employer retaliates against an employee for . . . reporting an alleged violation of a statute of public importance.” See Gould v. Maryland Sound Indus., Inc., 31 Cal. App. 4th 1137, 1147 (1995).
Some common and more specific examples of unlawful termination include (but are not necessarily limited to) being fired or dismissed from a job as a result of:
- Complaining about workplace hazards or safety issues.
- Reporting workplace discrimination or harassment.
- Requesting reasonable disability accommodations (for disabled workers).
- Taking medical leave, such as disability leave.
- Refusing to engage in an employer’s fraudulent practices.
- Refusing to lie to a government agency on behalf of an employer.
- Reporting an employer’s illegal actions, such as fraud, to government authorities (i.e., whistleblowing or blowing the whistle on an employer).
Even where the employee is mistaken (meaning their complaint is not factually valid), they are still protected against retaliation as long as they reasonably believe their complaint was justified.
See Nosal-Tabor v. Sharp Chula Vista Med. Ctr., 239 Cal. App. 4th 1224, 1242 (2015) (reversing summary judgment in favor of employer and finding that illegal termination based on Labor Code section 1102.5(c) because a reasonable juror could find that the employee/nurse was retaliated against for refusing to lead a cardiac stress test, which the nurse/employee believed should be led by a doctor and was not within a nurses scope of practice); see also Barbosa v. IMPCO Technologies, Inc., 179 Cal. App. 4th 1116, 1123 (2009) (“The public policy behind § 6310 is not merely to aid the reporting of actual safety violations. It also prevents retaliation against those who, in good faith, report working conditions they believe to be unsafe. As long as the employee makes the health or safety complaint in good faith, it does not matter for purposes of an illegal termination action whether the complaint identifies an actual violation of other workplace safety statutes or regulations.”); Yanowitz v. L’Oreal USA, Inc., 36 Cal. 4th 1028, 1043 (2005) (“It is well established that a retaliation claim may be brought by an employee who has complained of or opposed conduct that the employee reasonably believes to be discriminatory, even when a court later determines the conduct was not prohibited by the FEHA. . . . A rule that permits an employer to retaliate against an employee with impunity whenever the employee’s reasonable belief turns out to be incorrect would significantly deter employees from opposing conduct they believe to be discriminatory.”)
Elaborating more on this issue, the following answers some common questions about wrongful termination claims and employees’ rights in Los Angeles, California.
Possibly, but not necessarily. Given that California is an at-will employment state, your employer can suddenly fire you without providing any reason.
However, suppose you have never received a negative performance review and are dismissed from your job out of the blue. In that case, it’s strongly advised you consult with a Los Angeles wrongful termination attorney, who can carefully review the details of your situation and inform you if you were the target of a wrongful termination.
A constructive discharge (which may also be referred to as a constructive dismissal or a constructive termination) occurs when an employee is forced to quit their job due to hostile working conditions, including conditions that:
- An employer has directly created.
- An employer has failed to rectify this.
More specifically, a constructive termination occurs when the employer “knows about [intolerable working conditions] and fails to remedy the situation in order to force the employee to resign. . . .This standard, requiring employees to notify someone in authority about the intolerable working conditions, permits employers unaware of wrongdoing to correct a potentially destructive situation and ‘discourages employer inaction.” Casenas v. Fujisawa United States, 58 Cal. App. 4th 101, 114 (1997).
For instance, a constructive discharge can occur when harassment and/or discriminatory workplace practices make the working conditions so adverse that the employee has to resign. However, a constructive termination may be based on far more complicated facts. See Thompson v. Tracor Flight Systems, Inc., 86 Cal. App. 4th 1156, 1170-1171 (2001) (A supervisor’s continuous course of “yelling and screaming,” unfair and harsh criticism, uncorrected by management, may constitute objectively intolerable working conditions.); see also Colores v. Board of Trustees, 105 Cal. App. 4th 1293, 1309 (2003) (A supervisor’s attempts to get an employee fired, including repeated efforts to invent documentation against the employee, frequent reorganization of her duties, and demands that she process unlawful orders, may constitute “intolerable” working conditions for a constructive termination).
Employees can have grounds to sue for wrongful termination when such constructive discharges occur.
It depends on the nature of your claim. In general, however, the California Fair Employment and Housing Act (FEHA)2 provides workers 300 days from the termination date to file a complaint. To receive more specific answers about time frames and filing deadlines for your case, contact the Azadian Law Group, PC today.
Again, it depends on the details of your situation. While an experienced wrongful termination lawyer in Los Angeles can provide you with more specific answers about your potential case and circumstances, in general, it can be possible to establish that a wrongful termination has occurred based on evidence such as (but by no means limited to)
- Employment contracts.
- Employee handbooks.
- Past performance reviews.
- Company memos or emails.
- HR records and files on employees.
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Who We Represent
At Azadian Law Group, we are dedicated to upholding the rights and interests of employees in the workplace. Our expertise in employment law positions us as staunch advocates for those facing unjust treatment in their professional environments.
Whether combating workplace discrimination, addressing unfair termination, or negotiating equitable compensation, our team is committed to ensuring that every employee we represent is treated fairly and respectfully under the law.
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