After losing a job, you have to think about your next steps, which might be to file a wrongful termination claim against your employer. While employers have wide latitude in their firing decisions, there are plenty of firings that are illegal and could require your employer to provide you with relief for your loss. If you believe your employer terminated you unlawfully, a Beverly Hills wrongful termination lawyer from Tomorrow Law™ can champion your rights.
We are award-winning advocates who help people all over California with their employment issues. The following is a breakdown of your rights against termination.
At-Will Employment
First, we need to talk about at-will employment. California’s default rule for employees is that their employers can fire them for almost any reason. At-will employees can also quit on a whim if they like (although the employee might want to give advance notice to avoid burning bridges with their employer).
However, an employer’s at-will power does not extend to every termination. Several state and federal laws prohibit certain types of firings, and we go over those below.
When Is a Termination Illegal?
Your employer cannot fire you under the following circumstances:
- When the termination is against public policy,
- When illegal discrimination is the motive for the termination,
- When the termination violates an employment contract,
- When the termination violates a mass layoff law, or
- When the termination is in the form of unlawful retaliation.
An experienced unlawful firing attorney from our firm can review the facts of your situation and maximize your legal relief in a claim or complaint.
Firings Against Public Policy
An employer that terminates an employee when they exercise their statutory rights or fulfill a civic duty commits a firing against public policy. Your employer might be liable for wrongful termination if they fire you for doing one of the following:
- Refusing to commit an illegal act at work,
- Reporting for jury duty,
- Attending a judicial proceeding as a crime victim or relative of a crime victim,
- Reporting for military duty,
- Taking time off to address your child’s needs at their school,
- Reporting an illegal activity at work,
- Reporting for first responder duty, or
- Taking time off to address serious personal or family issues.
If you do not see the circumstances of your termination in the list above, that does not mean that your termination was legal. Talk to one of our attorneys for unlawful termination about the facts of your case. We can identify your boss’s illegal actions and seek legal remedies on your behalf.
Discriminatory Firings
Unfortunately, job discrimination is still with us. In 2022, the U.S. Equal Employment Opportunity Commission received 4,404 job discrimination complaints in California.
Federal and California anti-discrimination laws prohibit employers from firing employees because of any of the following protected characteristics:
- Race;
- Color;
- Religion;
- Sex;
- Military status;
- Creed;
- National origin;
- Sexual orientation;
- Disability;
- Age (40 or older);
- Genetic information;
- Marital status;
- Sexual orientation;
- Gender, gender identity, or gender expression;
- Pregnancy;
- Medical condition; or
- Veteran status.
Please note that even if your boss does not say outright that your termination was due to discrimination (they probably won’t), unequal treatment between you and other employees can be a sign of illegal, biased behavior.
Breach of Contract
If you have an employment contract that outlines specific terms and conditions for your job, your employer may be in breach of contract if they terminate you without following those terms. Not all employment contracts are written or express, so speak to an experienced employment attorney at Tomorrow Law™ so that we can identify whether you have contract rights against at-will employment.
WARN Act Violations
The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 75 or more employees to provide written notice of a mass layoff or plant closing at least 60 days in advance. A mass layoff occurs when an employer fires at least 50 employees within 30 days. You may be entitled to damages if your employer fired you and others without proper notice.
Unlawful Retaliation
If your boss fired you for engaging in a protected activity, you might have the right to legal relief for an unlawful retaliation. Unlawful retaliation can include firing an employee for:
- Reporting safety violations in the workplace,
- Initiating or participating in a workplace discrimination claim,
- Refusing to engage in illegal activity for the employer,
- Reporting illegal activity in the workplace,
- Seeking relief from the employer’s wage and hour violations,
- Discussing their wages with another employee, or
- Properly taking accrued and available sick leave.
We can guide you through the process of reporting your employer’s unlawful activities. If your employer terminated you for exercising your legal rights, a wrongful termination attorney from Tomorrow Law™ can help you recover your lost job or money.
Why Hire an Attorney?
If you believe you were wrongfully terminated, immediately consulting an employment attorney is crucial. An attorney can help you with:
- Identifying all laws that protect you,
- Assessing the likelihood of winning your case,
- Gathering evidence to prove your position,
- Making good arguments in court,
- Negotiating and drafting favorable settlements, and
- Determining the best course of action.
We can handle your legal issues and obligations while you recover from your loss.
Talk to Tomorrow Law™ Today
Your employer may be the boss, but you don’t have to take every type of treatment they throw your way. Tomorrow Law™ has an extensive network of experienced California employment attorneys who can handle wrongful termination cases anywhere in California. We have won hundreds of millions for our clients and can fight for you. Please contact us online or call us to set up a consultation.
Frequently Asked Questions
What Kind of Relief Can I Receive in a Beverly Hills Unlawful Termination Case?
The type of relief you can receive in your case depends on the nature of your employer’s violation. Relief could include compensation for emotional distress, payment for financial losses, job reinstatement, attorney fees, punitive damages, and penalties.
When Should I File My Beverly Hills Wrongful Termination Case?
Depending on the facts of your case, you may have as few as 180 days or as many as four years to file a complaint. You should contact an attorney as soon as possible to ensure timely filing of your case.
What Happens If My Beverly Hills Boss Says I Was an Independent Contractor?
Independent contractors have fewer rights against termination than employees. But, some employers misclassify their employees as independent contractors to duck responsibilities. If you have questions about your independent contractor status, a false termination lawyer from our firm can identify an illegal misclassification and obtain compensation for you.
What Do I Do If My Beverly Hills Employer Threatens to Fire Me?
Speak to an attorney right away. Even if an employer does not follow through on its threat to fire you, the threat itself could be illegal retaliation or harassment.
