While occupation may not be one’s only source of livelihood, it is a large part of their identity. Many take pride in their everyday contributions to society at work, and we at Tomorrow Law™ are no exception. We are devoted to using our combined decades of legal expertise to fight against injustices in the workplace, including discrimination, unfair wages, and wrongful termination, to name a few.
Losing a job can be a devastating experience, not just financially, but emotionally as well. If you or someone you love believe that you have fallen victim to a wrongful termination in Los Angeles County, you should seek legal counsel from a wrongful termination attorney in Los Angeles as you may be entitled to compensation. The decorated Los Angeles wrongful termination lawyers attorneys at Bibiyan Law Group will use every available legal avenue to pursue your interests and fight for justice. Contact us today at (323) 968-7577.
For Legal Solution
Free Consultation
TESTIMONIALS
Customer Reviews
This law firm was extremely helpful and successful in my case. In a matter of 7 months they were able to settle my case! Joshua, Ariella, Vedang, and Iona were my attorneys and Aaron were extremely helpful in my case, always responsive and helped with any questions I had about my case. I was turned down by a few other law firms but this law firm took me seriously and won! I’m very satisfied with all of their services.
They will always answer your calls and call you with updates to keep you informed. I had the pleasure of working with many of them and they are all great individuals. Bibiyan Law Group won two of the two cases I had with them and I’m pretty happy with them. I would recommend you give them a call.
Super nice people. I opened a case with them and it took a while like most cases do but they made it very easy for me. I basically just told them what happened and they handled everything until the case closed while updating me in between and answering questions if I had any. Thank you!
Bibiyan Law Group was by far a great choice to make for my wrongful termination lawsuit. They kept me in the loop with all the details and supported me along the way until I received my settlement. Thank you for everything. Would recommend!
Exemplars of Case Results
Millions Recovered for Employees Each Year
What is a Wrongful Termination?
Wrongful termination is termination based on an illegal reason, such as discrimination or retaliation. California falls into the category of what is known as an “at will” state. This implies that employers can terminate employees at will, without justification. Unfortunately, this means that you can show up on time, perform excellent work, stay within your boundaries, and still be legally fired. However, this “at will” rule has its exceptions. Californians are protected by laws that allow them to pursue legal action when victimized by a wrongful termination.
It should also be noted that all Californians, regardless of their immigration status, are covered by state employment laws, including temporary migrant workers. This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen.
Wrongful Termination for Discriminatory Reasons
Los Angeles employees are protected from unlawful discrimination by California’s Fair Employment and Housing Act (FEHA). The FEHA provides a long list of reasons why a worker may not be terminated from their employment (including some of those listed above). In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes, or seek to disadvantage their hiring prospects. Californians, like all Americans, are also protected by federal laws and can enforce those laws through the Equal Employment Opportunity Commission (EEOC).
Employers are explicitly forbidden from firing employees because they fit into certain classifications. A non-comprehensive list of reasons your employer cannot terminate your employment includes the following:
Employers are explicitly forbidden from firing employees who fit into certain classifications. A non-comprehensive list of reasons your employer can not terminate your employment for includes the following:
- Physical or mental disabilities
- Age
- Race
- Gender
- Sexual orientation/identity
- Religion
- Military status
- Political beliefs
- Whistleblower status
- Use of Family Medical Leave or Pregnancy
- Being a victim of abuse or stalking
- Discussing income or workplace conditions
- Filing a safety complaint
- Making a reasonable request for accommodations
- Filing a worker’s compensation claim
- Violations of the WARN Act (requiring notice before mass layoffs)
- Termination without cause in a situation with an implied contract
Wrongful Termination for Retaliatory Reasons
California workers also have protections against being discharged for retaliatory reasons. In other words, an employer cannot fire an employee for filing a legitimate complaint or claim or asserting their rights.
Examples of wrongful termination for retaliatory reasons include getting fired for:
- Filing a sexual harassment complaint,
- Reporting unsafe work conditions,
- Taking family medical leave,
- Discussing income or workplace conditions,
- Making a reasonable request for accommodations,
- Filing a workers’ compensation claim,
- Being a whistleblower, or
- Alleging racial discrimination.
Firing someone as a form of retaliation is unlawful and unconscionable. If you engage in a protected activity and are terminated as a result, the Los Angeles wrongful termination lawyers in our office can help.
Other Types of Wrongful Termination
Although discriminatory and retaliatory wrongful termination are the most common, there are a few other circumstances where termination may be considered wrongful.
When a termination breaches the terms of an employment contract, collective bargaining agreement, or implied contract, the employee can file a lawsuit in federal or state court.
Additionally, if the termination violates any other laws, such as the WARN Act, it may be illegal. The WARN Act requires employers to give a certain amount of notice to employees before a mass layoff.
Difference Between Employees & Independent Contractors
Many companies choose to retain independent contractors for certain roles instead of employees. In California, employees have more protections than independent contractors. For instance, anti-discrimination laws do not extend to independent contractors. Therefore, an important distinction must be made between employees versus independent contractors. In recent years, the line between the two classifications of workers has been shifting. For example, California legislators have been pushing to reclassify drivers for ridesharing companies drivers (such as Uber and Lyft) as employees. With certain exceptions, in order for a worker to be considered an independent contractor, their employer must prove that:
- The worker is free from the control of the employer
- The worker performs work outside the usual business of the employer; and
- The worker has an independent trade for the type of work performed
- Independent contractors are legally exempt from many of the protections provided to employees.
For example, a plumber hired to repair a leak in a restaurant bathroom would more than likely be considered an independent contractor, while a cook hired by that same restaurant would likely be considered an employee. Independent contractors are legally exempt from many of the protections provided to employees. Our Los Angeles wrongful termination lawyers can help you determine if you are an independent contractor or employee.
Protections from Wrongful Termination
Los Angeles employees are protected from unlawful discrimination by California’s Fair Employment and Housing Act (FEHA). The FEHA provides a long list of reasons why a worker may not be terminated from their employment (including some of those listed above). In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes, or seek to disadvantage their hiring prospects. It should also be noted that all Californians, regardless of their immigration status, are covered by state employment laws, including temporary migrant workers. This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen. Californians, like all Americans, are also protected by federal laws and the Equal Employment Opportunity Commission.
We Hold Employers Accountable. We Want To Help
Tomorrow Law™ is devoted to recovering the wages you are owed, and compensating you for any loss that your employer has caused. A legal expert from our Los Angeles wrongful termination law firm can get your case started with a free initial consultation today. Our contingency fee basis ensures that you will never pay out-of-pocket; that is, you do not have to pay any fees unless you win or recover compensation.
Don’t wait – there are statutes of limitations, or time restrictions, on these types of legal matters. Contact the Tomorrow Law™ team at (323) 675-2374.
Frequently Asked Questions
What Are Some Examples of Wrongful Termination?
Wrongful termination cases are all unique. Some cases that our Los Angeles wrongful termination lawyers have seen include:
- Terminating an employee for reporting sexual harassment at work,
- Discharging older workers with more than 20 years of experience in favor of younger workers,
- Firing an employee after they filed a workers’ compensation claim, and
- Replacing an employee while they were out on parental leave.
Despite California being an at-will state, there are some grounds for termination that are simply unlawful.
Is Breach of Contract an Exception to at-Will Employment?
Yes, if you are terminated in violation of an express or implied contract, you may have a claim for wrongful termination. You must show that the employer gave you the impression that you had certain rights or protections. For example, they may have promised you a specific term of employment or that they will terminate you only for certain reasons.
What Are Other Exceptions to at-Will Employment?
You cannot be fired for doing something that public policy would encourage. For example, you cannot be fired for taking time off from work because of the following reasons:
- Serving jury duty;
- Appearing for court under subpoena as a witness to or victim of a crime;
- Obtaining victim’s relief to help ensure the health, safety, or welfare of you or your child;
- Reporting abuse;
- Volunteering as a firefighter, peace officer, or an emergency rescue personnel; or
- Appearing by request at the school of a pupil as their parent or guardian.
It is also against public policy to fire an employee who filed a workers’ compensation claim or reported wrongful activity at the workplace. This is not an exhaustive list of public policy considerations in the context of wrongful termination. A wrongful termination lawyer in Los Angeles with Bibiyan Law Group can help you determine if your discharge violated public policy.
What Are My Rights If I Was Fired Based on False Statements About Me?
You may have a cause of action for defamation of character if false statements made about you resulted in your termination. To prove defamation, you need to show that your employer:
- Made a false statement of fact,
- Published or communicated the false statement without privilege to a third party,
- Knew or had reason to know the statement was false, and
- Injured you by making the false statement.
In the context of your livelihood, false statements about your professional behavior or competence can be especially damaging.
What Are My Rights If I Was Forced to Quit?
If your employer intentionally creates working conditions that are so intolerable that you have no choice but to quit, that constitutes a constructive discharge. In some instances, constructive discharge can amount to wrongful termination.
How Do I File a File Claim for Wrongful Termination?
The governmental agency or jurisdiction where you can file your claim for wrongful termination depends upon the facts of your case and the rights that were violated. For example, if your termination violated an implied contract, you would file a lawsuit in state or federal court. However, if you were fired for discriminatory reasons, then you would file a claim with the EEOC or with the California Civil Rights Department. Our Los Angeles wrongful termination attorneys can help you determine where, when, and how to file a claim.
Do I Have to File a Lawsuit?
No, a lawsuit is often not desirable for either you or your employer. Accordingly, settlements can be an attractive option to resolve the issue. A settlement agreement may include financial compensation, reinstatement to your position, or promises from the employer to change certain objectionable working conditions. In exchange, you waive your right to bring a claim for wrongful termination in court.
When reviewing a settlement agreement, you should understand the following:
- What are your obligations in the agreement?
- What rights are you giving up in the agreement?
- What are the obligations of the employer in the agreement?
It is generally not a good idea to accept a settlement offer before talking to an LA employment attorney. Our experienced Los Angeles wrongful termination lawyers have reviewed countless settlement agreements and can help you navigate the settlement process.
What Remedies Are Available in a Wrongful Termination Action?
Remedies can include reinstating your employment and reimbursing you for lost wages and work benefits. However, back pay and reinstatement do not always make an employee whole when they have experienced a wrongful termination. In some cases, wrongful termination can make an employee depressed or anxious. If an employee can show that they suffered from emotional distress, they may be able to recover damages for pain and suffering.
In the most egregious cases, a court might also award punitive damages. These damages are not related to specific losses you suffered but instead punish the employer to deter future bad behavior. You may also be able to recover attorney fees. Our skilled wrongful termination attorneys in Los Angeles work diligently to obtain a fair outcome for our clients.
How Can the Los Angeles Wrongful Termination Lawyers at Tomorrow Law™ Group Help Me?
Being fired unlawfully can be very challenging for a variety of personal and professional reasons. Wrongful termination can impact your ability to provide for your family. It can also affect your ability to prepare for an emergency or get future employment.
In this economy, the effects of a wrongful termination can be long lasting. The attorneys at Tomorrow Law™ Group believe that employees in Los Angeles deserve to be able to earn a living with respect and dignity. Employers who take advantage of their employees must be held accountable. We will zealously advocate for our clients when they are faced with a wrongful termination.
Our Los Angeles wrongful termination attorneys are with our clients at every stage with reliable legal advice and reputable legal services. We have supported many clients in wrongful termination cases. This has given us extensive experience in gathering relevant evidence to build a strong case. We have also helped our clients thoroughly investigate complicated and challenging claims.
Our Los Angeles wrongful termination lawyers are trained to review employment agreements and policies to determine the rights of our clients. Our firm also assists throughout the complaint process. This includes filing complaints with the appropriate agency or jurisdiction, reviewing settlement agreements, participating in settlement negotiations, and filing a lawsuit. We are committed to securing a fair outcome for our clients who are victims of wrongful termination. Our experienced LA employment attorneys can help you understand and fight for your rights under the law.
