Los Angeles is home to millions of workers across diverse industries, from entertainment to tech. While California follows at-will employment laws, this doesn’t mean employers can fire workers for illegal reasons. Wrongful termination happens when someone is fired due to discrimination, retaliation, or violations of employment contracts.
Proving wrongful termination requires strong evidence. To win a Los Angeles wrongful termination claim, one must prove that the employer broke state or federal labor laws. This can be done by gathering documents, witness statements, and records of workplace complaints.
This guide explains how to prove wrongful termination in California, covering legal grounds, evidence collection, and possible remedies.
Understanding Wrongful Termination
Like many states, California operates under the “at-will” employment doctrine. This generally means an employer can fire an employee for any reason, or no reason, as long as it’s legal. Likewise, an employee can quit for any reason. However, there are significant exceptions to this rule.
Wrongful termination occurs when an employer fires someone for an illegal reason. Understanding that at-will employment doesn’t give employers free rein is crucial. Specifically, firing someone based on protected characteristics is illegal.
These protected characteristics include race, religion, gender, age, disability, sexual orientation, gender identity, and other categories.
Firing someone for these reasons or retaliating for reporting illegal activity is considered wrongful termination.
Common Causes of Wrongful Termination
Several situations can lead to wrongful termination lawsuits. Understanding these common causes is essential for recognizing potential termination. Here are some frequent reasons:
- Retaliation for whistleblowing: If an employee reports illegal or unethical activity within the company and is then fired for doing so, this could be a wrongful termination. For example, if someone reports unsafe working conditions and is fired shortly after, they may have a case.
- Discrimination based on protected characteristics: Firing someone because of their race, religion, gender, age, disability, or other protected characteristics is illegal. For instance, not promoting a qualified woman and then firing her because she complained about it could be considered discrimination.
- Breach of employment contract: If an employee has a written employment contract that specifies a term of employment, firing them before that term expires without a valid reason could be a breach of contract. For instance, you may have a case if you have a 2-year contract and are fired after 6 months for no valid reason.
- Violation of public policy: An employer cannot fire an employee for refusing to do something illegal. For example, if a truck driver refuses to drive a truck that doesn’t meet safety standards and is fired, that is termination.
- Violation of the Fair Employment and Housing Act (FEHA): FEHA, a California law, prohibits discrimination and harassment in employment. Firing someone in violation of FEHA, such as for taking protected medical leave, is wrongful termination.
Proving Wrongful Termination
If you believe you’ve been wrongfully terminated, gathering evidence is crucial. Thorough documentation can significantly strengthen your case. It’s wise to keep records of everything related to your employment.
Here’s a list of potential evidence to collect:
- Employment contracts and offer letters.
- Performance reviews and disciplinary records.
- Emails, text messages, and other communications with your employer.
- Witness testimonies from coworkers who may have observed the events.
- Company policies and handbooks.
Any documents supporting your claim of wrongful termination are important. Keep these records organized and safe.
Filing a wrongful termination claim starts with gathering evidence and submitting a complaint to the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD) (formerly DFEH). These agencies investigate discrimination and retaliation claims.
If the case is valid, legal remedies may include reinstatement, allowing the employee to return to work. Back pay compensates for lost wages, while compensatory damages cover emotional distress. In severe cases, courts may award punitive damages to penalize the employer.
If the agency does not resolve the issue, the employee may file a lawsuit to seek justice through the courts.
