Los Angeles Wrongful Termination Lawyer
Representation for Wrongfully-Dismissed Employees
Getting let go from a position of employment is a disappointing experience.
There are countless reasons an employer might choose to terminate an employee.
While many of those reasons are legitimate, there are also many others
that are wrongful. If you have been let go from your position of employment
and you believe that you were wrongfully terminated, please get in touch
with Martinian & Associates INC. Our firm can evaluate your situation
and determine if you have a case. In the United States, there is not a
wrongful termination law that lays out when it is and when it is not acceptable
to fire an employee. Rather, there are both state and federal laws that
explain employee rights and employer obligations. If an employer violates
one of these laws, then they could face a wrongful termination lawsuit.
Termination Because of Discrimination
Per United States equal employment opportunity laws, it is illegal to treat
an employee adversely (i.e. terminate them) because of their race, religion,
ethnicity, sexual orientation, gender, etc. Many times what happens is
that an employer will state a false reason for termination in order to
conceal the real reason for termination. For example, an employer may
be terminating an employee solely because of their age, but in order to
conceal this wrongful motive for firing, the employer states that the
employee is being let go because of poor performance. These cases can
be difficult to prove, but not impossible.
Termination Because of Retaliation
Employer retaliation is a common cause of wrongful dismissal lawsuits.
According to the U.S. Equal Employment Opportunity Commission, "an
employer may not fire, demote, harass or otherwise 'retaliate'
against an individual for filing a charge of discrimination, participating
in a discrimination proceeding, or otherwise opposing discrimination.
In order to qualify as an employee who has been retaliated against, you
must have taken some sort of corrective action as a result of your employer's
wrongful actions. For example, an employee notifies Human Resources that
they believe they are being discriminated against because of their religion.
If the employer finds out and fires that employee for going to HR, then
that employee would likely be entitled to a wrongful termination lawsuit.
By law, an employee cannot have adverse actions (termination) taken against
them for participating in a protected activity.
Protected activities include:
Opposition to a practice believed to be unlawful discrimination, by informing
an employer that you believe that he/she is engaging in prohibited discrimination.
Opposition is protected from retaliation as long as it is based on a reasonable,
good-faith belief that the complained of practice violates anti-discrimination
law; and the manner of the opposition is reasonable. An example of a protected
opposition includes: Complaining to anyone about alleged discrimination
against oneself or others.
Along the same lines are whistleblower claims. A whistleblower is a term
that has come to be associated with employees who notify the public or
someone outside the company of alleged illegal activities at a company.
Whistleblower laws in the United States are complicated, but many employees
find that they can file lawsuits against their employers this way. If
you were fired for exposing alleged dishonest or illegal activities at
the workplace, then you could have a case. To learn more about representation
from Martinian & Associates, please do not hesitate to call today.
We can provide you with a free initial consultation to go over your case.