Was I Wrongfully Terminated?


Was I Wrongfully Terminated?

Being laid off from your job can be a huge surprise, especially if you feel you’ve been unfairly dismissed. While your employer has the right to dismiss you, you can challenge the dismissal and sue your employer if they do so unfairly.

Exceptions to At-Will Employment

In California, most employment relationships are at an ‘at-will state. This means that the employer and employee can end the working relationship for any reason and without notice. 

What Counts as Wrongful Termination? 

Although the at-will employment rule exists, California labor law has carved out exceptions to this rule. These exceptions include:

  1. Breach of contract

You’re not an at-will employee if your employment contract states that you’ll only be terminated under certain conditions. If you have such an agreement, it would be wrongful termination if your employer dismisses you for any other reason than stated in your employment agreement.  

  1. Breach of the covenant of good faith and fair dealing

If your boss unfairly dismisses you, you may have a claim for wrongful termination. This may be based on the fact that your employer has violated their ‘covenant of good faith and fair dealing.’ 

In the workplace, lack of communication, evasion, deliberate inaction, lies, and any other form of interference are potential breaches of the covenant of good faith and fair dealings. Under certain circumstances, they could give rise to a claim of wrongful termination.

  1. Retaliation for complaints of sexual harassment

The law prohibits sexual harassment in the workplace. Your employer must provide a work environment that is free of sexual harassment. Therefore, it is illegal for your boss to dismiss you or retaliate against you for complaining about or reporting sexual harassment (whether directed at you or a coworker) or participating as a witness in a sexual harassment investigation or case. 

  1. Retaliation for taking family or medical leave

If your employer dismisses you while you’re on medical leave or within 90 days after returning from your leave, the law will presume that this is a wrongful termination.

  1. Retaliation for complaining about violations of wage and hour laws

Your employer shouldn’t fire you or retaliate against you for:

Complaining about and reporting unpaid wages, rest break  and meal break violations, or unpaid overtime pay

Filing a formal complaint for unpaid wages or for exercising any rights protected by the California Labor Code

  1. Pregnancy discrimination

If you request workplace accommodations resulting from your pregnancy, including shorter hours or leave, and are denied or dismissed, this would constitute wrongful termination.  

  1. Based on discrimination

It is considered wrongful termination if your employer fires you based on your 

  1. Violation of the public policy

It’s also considered wrongful termination if your employer fires you because:

What Can You Do If You’ve Been Wrongfully Terminated?

If you feel like you’ve been wrongfully terminated, contact an experienced Los Angeles wrongful termination attorney.

A wrongful termination attorney Los Angeles will evaluate the potential of your case, help you determine what evidence will be important as the case progresses, and help you gather this evidence.

Are You Looking for an Orange County Wrongful Termination Attorney?

At Neal-Lopez Law Group,  our workplace lawyers Los Angeles have a track record of representing wrongful termination victims in court and obtaining successful results on behalf of the clients.  

Visit our offices today or call us on (562) 269-4325 and talk to our Los Angeles workplace lawyers to start your wrongful termination case.