Los Angeles Wrongful Termination Lawyer

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 Bibiyan Law Group 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 as you may be entitled to compensation. The decorated Los Angeles employment attorneys at Bibiyan Law Group will use every available legal avenue to pursue your interests and fight for justice. Contact us today at (310) 438-5555.

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

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, as discussed in the above list, 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.

In such cases, 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 ridesharing 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:

1. the worker is free from the control of the employer
2. the worker performs work outside the usual business of the employer; and
3. the worker has an independent trade for the type of work performed
4. Independent contractors are legally exempt from many of the protections provided to employees.

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. 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.