Wrongful Termination

Top Rated Los Angeles Lawyer Representing Workers Who Have Been Wrongfully Terminated

A “wrongful termination” under California law occurs whenever an employee is fired for an illegal reason. An employee who has been terminated for discriminatory reasons, for exercising their legal rights, in violation of an employment contract, or in violation of public policy may have a wrongful termination claim.

California has some of the most comprehensive and protective laws for employees in the nation. In California, it is unlawful for an employer to terminate an employee because of:

• Race, color
• Ancestry, national origin
• Religion, creed
• Age (40 and over)
• Disability, mental and physical
• Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
• Sexual orientation
• Gender identity, gender expression
• Medical condition
• Genetic information
• Marital status
• Military or veteran status

Even if the employee is an “at-will” employee, it is unlawful for an employer to terminate an employee based on these protected characteristics.

In addition, an exception to the general at-will employment presumption exists and a wrongful termination claim exists where an employer’s termination of an employee violates a fundamental public policy, or in other words, where “he or she is discharged for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn.” (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090; Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 79-80; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). For example, if an employee refuses to work in unsafe working conditions and the employer terminates the employee on that basis, a wrongful termination claim may arise.

A variety of remedies are available if you have been wrongfully terminated:

• Back pay (past lost earnings)
• Front pay (future lost earnings)
• Hiring / Reinstatement
• Promotion
• Out-of-pocket expenses
• Policy changes
• Training
• Damages for emotional distress
• Punitive damages

If you believe you have been wrongfully terminated and you need aggressive and superior representation to ensure you get the best results, contact OLIVARES LAW, APC today for a free consultation.