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.
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