Losing a job is stressful because it can affect your income, happiness, and future plans. In California, most jobs are at-will, meaning an employer can usually end employment for any reason at any time, but there are limitations. Not every firing is legal.
A wrongful termination attorney can help evaluate whether your rights were violated to determine if you have grounds for a Los Angeles wrongful termination case, which may involve discrimination, retaliation, public policy violation, and breach of contract.
The California Fair Employment and Housing Act protects employees from being fired for certain characteristics.
These characteristics include:
If an employer fires someone because of one of these traits, that may be unlawful discrimination, even if the employer gives another reason. Unfortunately, disability discrimination is a common basis for wrongful termination cases in Los Angeles. Employers must provide reasonable accommodations to qualified employees with disabilities, including modified duties, schedule changes, or medical leave. If an employer refuses to accommodate a disability and then fires the employee, this may be unlawful.
Another major ground for a wrongful termination claim involves a Los Angeles employer retaliating against a worker for taking part in what is called a protected activity.
Protected activities can include:
If an employee engages in one of these activities and is later terminated, it could suggest retaliation.
Employees who report violations of the law are also protected by California Labor Code § 1102.5, which prohibits retaliation against an employee for disclosing information about unlawful conduct.
An employer cannot fire someone for a reason that violates public policy, even in an at-will state. Public policy refers to principles found in laws and constitutional provisions.
Examples of a violation include terminating an employee for:
If a Los Angeles employer demands that an employee break the law and the employee refuses, termination for that refusal may be unlawful and could serve as grounds for a wrongful termination claim. A lawyer can identify whether the facts fit within recognized public policy protections.
Some wrongful termination claims happen because of a breached contract. If an employee has a written contract that limits termination, the employer must follow it. For example, a contract may state that termination will only occur for cause. If the employer fires the employee without cause, that may be a breach of contract.
Employee handbooks or written policies may create enforceable promises in some situations, even without a formal contract. Contract issues can serve as grounds for a wrongful termination claim in Los Angeles. A lawyer can review agreements and explain whether the employer violated a binding promise.
Being fired does not always mean your employer broke the law, but sometimes it does. Discrimination, retaliation, violations of public policy, and breach of contract are all possible legal grounds for a Los Angeles wrongful termination case.
Erkel Law, P.C. can review your situation to determine whether a violation occurred, explain your rights and next steps, and guide you through the entire process.
Past results do not guarantee future outcomes, and each case is different. We offer free case evaluations, and no attorney’s fees are owed unless we recover compensation unless otherwise agreed to in the engagement agreement; clients may be responsible for case-related costs and expenses. Recognition by third-party legal directories is based on their own criteria and does not imply specialization or certification. Descriptions of practice areas do not constitute certification or specialization unless expressly stated. We are not affiliated with, endorsed by, or approved by any government agency.
