Being fired from your job can be devastating for the employee and their families. In many instances, workers are wrongfully terminated from their occupations by employers who engaged in discriminatory business practices. If you have been unlawfully terminated in retaliation of a lawful act that you have engaged in, contact our Los Angeles retaliatory termination lawyers at the Joseph Farzam Law Firm. Our employment law attorneys have the experience and knowledge to protect the rights of employees across the states of California in all types of employment rights claims including wrongful termination or employment lawsuits. We have successfully taken on some of the larger companies in the nation and have settled and litigated tens of millions of dollars in compensation for our clients.
California and Federal Retaliatory Termination Laws
California is an AT WILL employment state, meaning that a employment contract is of an indefinite duration and can be extinguished by an employer or employee at any time. However the “at will” criteria of worker-owner relationship can be modified by the issuance of subsequent publications including employee handbooks which may contain wording which can provide more rights to an employee.
The Civil Rights Act of 1964 provided specific exceptions to the “at will” termination or employment powers given to employers. Under this landmark, civil rights act employees are protected from being wrongfully discharged from their employment based on their race, sex, religion, age, national origin and them being a veteran.
Three General Expectations to “At Will” Employment in the State of California
Apart from the specifications delineated under the 1964 Civil Rights act there are three exceptions to an “At Will” contract that are generally accepted by California’s Court and legal system. They are (1) Public Policy Exceptions, (2) Implied-Contract Exceptions and (3) Covenant of Good Faith and Fair Dealing Exceptions.
(1) Public Policy Exception: Under the public policy exception the termination of an employee is deemed wrongful when it is against an explicit and well established policy of the state of California. An example of a public policy exception in the State of California is termination in retaliation for filing a worker’s compensation claim or a disability claim for reasonable accommodations in the workplace.
(2) Implied Contract Between Employer and Employee: An implied contract takes place when there is no formal written and executed employment contract between the two parties. An employer may make an oral promise to a worker in his place of business concerning job security over a specific duration of time. An example could be an owner telling one of his workers, “I promise you that I won’t let you go if you agree to reduce your wage from $10.00 per hour to $8.50 per hour.” Another source for the formulation of an implied contract can be made by representation provided for in the company’s employee handbook. A handbook may contain specific provisions, without an express waiver, which provide specific termination rights for workers of a company including a provision for severance pay if an employee is let go.
(3) Covenant of Good Faith and Fair Dealing: The good faith and fair dealing standard is recognized by a minority of states in the country. However the state of California recognizes such an exception in some instances. Californian courts have stated that in the broadest definition of such an exception, business owners and operators need to demonstrate to the court valid grounds and methods for the dismissal of a worker. Thus; employers must show “just cause” for the discharge of their workers.
How to File a Claim for Wrongful Termination Against your employer:
There are several ways you can file a claim against your place of work for retaliatory termination with the EEOC: (1) In person at a local EEOC office; (2) Online EEOC Form; (3) by telephone or (4) by mail.
Visit the US Equal Employment Opportunity Commission for more information on how to file a wrongful discharge or retaliatory termination of employment claim.
Wrongful Retaliatory Discrimination Attorney in Los Angeles California
If you feel you have been wrongfully fired from your job in retaliation of something you may have done in your place of work contact the employment law attorneys at the Joseph Farzam Law Firm. We are one the largest employment rights law firms in the state and have amassed a successful record of providing just compensation for our clients amassing to tens of millions of dollars in recovery.
For a Free Consultation contact us today.