Los Angeles Wrongful Termination Lawyers

Protecting the rights of California workers who were unjustly fired

Losing a job can be devastating. Given that many Americans live paycheck to paycheck, getting suddenly fired due to no fault of your own can create financial and emotional challenges for you and your family. While California is an “at-will” state for those who do not have an employment contract, there are still legal protections for employees whose firing is unrelated to their job performance and violates state and federal law.

At McNicholas & McNicholas, LLP, our experienced Los Angeles wrongful termination attorneys are here to protect your rights. You are welcome to schedule a free consultation to discuss your case today.

What is wrongful termination?

While an employer can terminate an at will employee with or without cause at any time in California, it is against the law to fire an employee for reasons that violate state law, public policy, or federal law. Examples of unlawful reasons for firing an employee include discrimination based on the legally protected categories of:

• Race or national origin. Terminating an employee because of his or her race, national origin or ethnicity violates public policy.
• Disability. An employer may not discriminate against an employee because of a real or perceived disability. They must provide reasonable accommodations which allow a person to do his or her job. Firing an employee because he or she is disabled is a violation of federal law and public policy in California.
• Religion. Terminating an employee because of his or her religious beliefs violates federal law and public policy.
• Sexual or gender orientation. It is against the law to terminate an employee because of his or her sexual or gender orientation or perceived orientation. If your employer has fired you because of your sexual or gender identity, you may have grounds for a lawsuit.
• Any other protected category. Pregnancy discrimination is a form of gender discrimination which is a violation of public policy. Contact us to determine if your termination falls under a protected category. 

Other reasons include:

• Whistleblower retaliation. If an employee reports on company policies that defraud the state or the federal government, the law offers protections from termination in retaliation.
• Workers' compensation retaliation. An employee who is injured at work has the right to seek workers’ compensation benefits.
• Retaliation against an employee. An employee who files a sexual harassment complaint or discrimination complaint is protected from termination.
• Retaliation for taking family medical leave. Caring for your own serious health condition or for a family member’s is legally allowed under FMLA.

Furthermore, an employer may not fire employees because they did something that was within their legal rights or if they fulfilled a legal obligation. An employee can file a lawsuit against an employer for wrongful termination if the employer fired him or her for:

• Refusing to violate the law
• Preforming a statutory obligation (example: jury duty)
• Exercising a statutory right or privilege such as engaging in political activities or speech
• Reporting the violation of law (example: qui tam whistleblower or reporting sexual harassment)

To prevail in a wrongful termination lawsuit, the employee must be able to prove a causal connection between the public policy violation and the firing.