Wrongful termination in Los Angeles is when a worker is laid off illegally. There are several reasons this could occur. This could either mean a federal or state law was not followed by the employer which means you may be entitled to competition. There are many scenarios that fall under wrongful termination including retaliation over a FMLA claim, worker’s comp claim, and many more.
Keep reading to find out the most common reasons why a wrongful termination claim could be brought against a former employer.
Violating an Implied Contract
An implied contract is a binding contract that has not been put in writing because it is formed by the conduct of the parties involved. If you can prove that an employer’s past behavior created an implied contract, then the employer would not be able to terminate the employee, unless there is just cause; the employee has done something to break the rules. Things that can be looked at to determine if there’s an implied contract are the employer’s personnel policies, the longevity you have with that employer, industry practices, and things said or actions ensuring continuous employment. California is “at-will” so you can be laid off in favor of cheaper labor. Either party can end the working relationship for any reason, at any time.
Termination Because You Are a Whistleblower
In Los Angeles, you can’t lose your job for telling on someone who has broken the law, or you suspect they have broken the law. Other things that might constitute wrongful termination because of being a whistleblower could be reporting the employer to the labor board for unfair labor practices, or a company’s being wasteful economically. This would be determined by the California state auditor, or the Labor board. Also, there doesn’t have to be a termination. An employee could also be demoted, denied training or opportunity to develop themselves. The employer might also threaten to turn someone into immigration if they were to complain about their pay.
Filing a Worker’s Compensation Claim
Section 132a of the California Labor Code says that an employer can’t discriminate against an employee for filing a workers’ compensation claim. If a company is guilty of doing this, the employee can be compensated with recovery of wages lost, reinstatement, and extra workers’ compensation.
Retaliation Over a FMLA/CFRA Claim
FMLA – The Family and Medical Leave Act is a federal law that applies to the United States. CFRA – The California Family Rights Act only applies to California. Both FMLA and CFRA are applicable to all public employers that have 50 or more employees. The CFRA was designed to cover employees that work for smaller, private companies with five or more employees. Both the FMLA and CFRA guarantee up to 12 weeks of leave for reasons that qualify. Denying an employee this leave, if they meet the correct requirements, is wrongful termination.
Protect Your Interests and Call the Right Attorney
Employees should always check resources to make sure they have been treated fairly under the law of their state. Usually they will have evidence to determine if they were fired illegally. An attorney can request records from the company if the employee doesn’t have a procession of these records. California has a different set of statute of limitations for the different types of wrongful termination. It is always good to consult with a legal professional if you feel you have been wrongfully terminated.
