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Wrongful Termination Lawyer
Your employer or former employer cannot fire you for unlawful reasons or illegal reasons. If you have been fired for unlawful or illegal reasons, feel free to contact the wrongful termination attorneys at Kokozian Law Firm, APC.
Even though employment is at will in California, which means that your employer can terminate your employment for no reason or any legal reason, even reasons that you may find unfair; your employer cannot fire you for unlawful reasons that are in violation of a law or public policy. If you were fired for an unlawful reason for which examples are provided below (disability, medical condition, pregnancy, age, race, complaint for sexual harassment), you may be able to bring a wrongful termination lawsuit. You should consult the wrongful termination lawyers at the Kokozian Law Firm to see whether you may have a possible case.Wrongful Termination Arising Out of Discrimination
Wrongful termination can occur if an employer terminates the employment relationship for reasons that are discriminatory or unlawful.
The Fair Employment and Housing Act (FEHA) and the California Labor Code are among the laws that prohibit employment discrimination or termination on the basis of protected characteristics, such as medical condition, disability, pregnancy, sex (including pregnancy, childbirth, and related medical conditions), age, color, race, religion, religious dress and grooming practices, national origin, ancestry, sexual orientation, gender identity and expression, marital status, citizenship status, AIDS/HIV status, domestic violence victim status, military or veteran status, genetic information, physical disability or mental disability, political beliefs or activities, and hair texture, hairstyles utilizing braids or locks or twists. For example, you may have a claim for wrongful termination if you are terminated because you became injured and requested time off work. Another example, if you are pregnant and get terminated from your job due to your pregnancy. For another example, you may have a claim if you are terminated because you asked for a reasonable accommodation or time off for your disability, medical condition or pregnancy. Another, example is if you get terminated for your age from you job. What constitutes wrongful termination can be complicated as such feel free to contact Kokozian Law Firm if you feel you have been wrongfully terminated. We represent employees throughout California.
FEHA also requires employers to reasonably accommodate you if you have a physical or mental disability in order to allow you to perform essential job functions, provide reasonable accommodations for pregnancy, to express milk for an employee’s infant child, and provide a maximum of four months of leave needed because of pregnancy, childbirth, or a related medical condition. You should not be terminated for requesting reasonable accommodations or leave. Our wrongful termination attorneys can help you bring a claim in this situation.
The California Labor Code also protects an employee filing or threatening to file a complaint with the Labor Commissioner, prohibits an employer from retaliating against an employee for taking time off to serve on a jury provided the employee gave the employer reasonable notice, prohibits an employer from retaliating against an employee who is a victim of a crime for taking time off to appear as a witness in court, protects an employee who takes time off to perform emergency duty as a volunteer firefighter or reserve peace officer or emergency rescue personnel, prohibits an employer from retaliating against an employee who is a parent or guardian of a student for taking time off from work to appear at the student’s school due to a request made under the Education Code, prohibits retaliating against an employee for disclosing his or her wages or working conditions, prohibits retaliating against an employee for taking accrued and available sick leave, prohibits retaliating against an employee who takes a leave of absence for organ or bone marrow donation, and prohibits discharging or retaliating against an employee because his or her wages have been subjected to or have been threatened to be subjected to garnishment.
There are several federal laws that also prohibit workplace discrimination, including termination arising out of membership in a protected class. These include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). These laws apply to midsize and large employers.Wrongful Termination Arising Out of Retaliation
FEHA and the federal anti-discrimination laws, along with whistleblower laws, prohibit retaliation. Your employer cannot terminate you or otherwise retaliate against you for engaging in a protected activity, such as complaining to human resources about harassment, sexual harassment or discrimination or filing a lawsuit under FEHA.
If you believe you have been terminated due to any of the situations described above, our California wrongful termination attorneys may be able to help you bring a claim.Wrongful Termination Against Public Policy
In California, you can bring a wrongful termination lawsuit if you are terminated in violation of your contract, public policy, or a law. One exception to the “at will” rule exists when there is an implied or express contract not to terminate your employment without good cause. If, for example, your employer sets out specific reasons why you can be terminated in an employee handbook, an implied contract not to terminate an employee may have been created. Sometimes an employment contract expressly states that an employee can be terminated only for cause.
Another exception to the “at will” rule exists when an employee is wrongfully terminated in violation of public policy. For example, you may have a wrongful termination claim if you were terminated because you refused to violate the law for your employer.Damages
If you can establish liability in a wrongful termination lawsuit, you may be able to recover damages. The damages depend on the law under which you brought your claim. Often, damages include lost income, lost benefits, back pay, front pay, compensatory damages for emotional distress, and attorneys’ fees. If an employer’s misconduct was egregious, punitive damages may be available. Sometimes, if an employment relationship has not broken down too badly, reinstatement may be appropriate.Retain a Wrongful Termination Lawyer
If you were subject to wrongful termination, you may suffer both economic and emotional consequences. You should talk to a seasoned attorney about the viability of a lawsuit for damages. At the Kokozian Law Firm, our trial attorneys fight for employees who have been wrongfully terminated. We represent people throughout California. Call us at 323.857.5900 or contact us via our online form.