How Do I Win A Wrongful Termination Claim In Los Angeles?
Hiring A Vetted Wrongful Termination Attorney In Los Angeles Is The Key To A Favorable Outcome Of Your Case
Losing your job can be a devastating experience, especially if you feel you were wrongfully terminated. In Los Angeles, employees have legal rights and protections against wrongful termination, but navigating the legal system can be complex and overwhelming. In this article, we'll explore how to fight wrongful termination in Los Angeles, including frequently asked questions and some of the most significant cases won in the city.
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for violating a contract, public policy, or implied promise. It can also happen when an employer discriminates against an employee or retaliates against them for reporting illegal activity or participating in protected activities like union organizing.
In California, employees are considered "at-will," which means that employers can terminate their employment at any time, for any reason, as long as it's not illegal. However, there are exceptions to this rule, and employees have legal protections against certain types of wrongful termination.
How can I fight wrongful termination in Los Angeles?
If you believe that you were wrongfully terminated in Los Angeles, there are several steps you can take to fight back:
Consult an employment attorney: A vetted Los Angeles employment attorney can evaluate your case and help you understand your legal options. If necessary, they can also represent you in negotiations with your employer or court.
File a complaint with the California Labor Commissioner: If you were terminated for reporting illegal activity, you could file a complaint with the California Labor Commissioner. They will investigate your claim and may issue a citation against your employer if they find evidence of wrongdoing.
File a lawsuit: If your employer violated your legal rights, you could file a lawsuit against them. This can be a complex and time-consuming process, so having an experienced employment attorney on your side is important.
Negotiate a settlement: Sometimes, it may be possible to negotiate a settlement with your employer outside of court. This can save time and money, but it's important to have an attorney review any settlement agreement before you sign it.
What are some of the biggest cases won in Los Angeles?
Over the years, several high-profile cases of wrongful termination have been in Los Angeles. Here are a few of the biggest:
Evelyn Minjarez vs. Costco Wholesale Corp.: In 2019, a jury awarded $250,000 in damages to Evelyn Minjarez, a former Costco employee who was wrongfully terminated after reporting sexual harassment by her supervisor. The jury found that Costco had retaliated against her in violation of California law.
Gabriel Diaz vs. UPS: In 2018, Gabriel Diaz was awarded $27 million in damages after a jury found that UPS had fired him in retaliation for reporting safety violations. Diaz, a former UPS driver, had reported that the company was putting the public at risk by not properly maintaining its delivery trucks.
Christine M. Zubia vs. AT&T: In 2016, a jury awarded $7.6 million in damages to Christine M. Zubia, a former AT&T employee who was terminated after she reported that her supervisor was stealing from the company. The jury found that AT&T had retaliated against Zubia, violating California law.
Marjorie Esman vs. Los Angeles Unified School District: In 2014, Marjorie Esman, a former Los Angeles Unified School District employee, was awarded $3.3 million in damages after a jury found that she was wrongfully terminated in retaliation for reporting fraud and misuse of public funds. Esman, a former senior project director, reported that the district was misusing federal grant money for low-income students.
Frequent questions about wrongful termination in Los Angeles
Q: What are some examples of illegal reasons for termination in Los Angeles?
A: Employers cannot terminate an employee for discriminatory reasons, such as their race, gender, age, disability, or sexual orientation. They also cannot retaliate against an employee for reporting illegal activity, participating in protected activities like union organizing, or taking leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
Q: How do I know if I was wrongfully terminated?
A: If you were terminated for illegal reasons, such as discrimination or retaliation, you may have a wrongful termination claim. However, it's important to consult with an experienced employment attorney to evaluate your case and determine your legal options.
Q: What should I do if I think I was wrongfully terminated?
A: If you believe you were wrongfully terminated, consult a vetted employment attorney as soon as possible. They can help you evaluate your case and determine the best action.
Q: Can I file a complaint with the California Labor Commissioner?
A: If you were terminated for reporting illegal activity or for participating in protected activities, you might be able to file a complaint with the California Labor Commissioner. They will investigate your claim and may issue a citation against your employer if they find evidence of wrongdoing.
Q: How long must I file a wrongful termination claim in Los Angeles?
A: In California, the statute of limitations for wrongful termination claims is generally three years from the termination date. However, this rule has some exceptions, so it's important to consult with an attorney to determine your specific timeline.
Q: Can I be fired if I'm an at-will employee?
A: Yes, if you're an at-will employee, your employer can terminate your employment at any time, for any reason, as long as it's not illegal. However, there are exceptions to this rule, such as discrimination or retaliation.
Q: Can I negotiate a settlement with my employer?
A: Negotiating a settlement with your employer outside of court may be possible. However, it's important to have a vetted Los Angeles employment attorney review any settlement agreement before you sign it.
Q: How long does it take to resolve a wrongful termination case?
A: The timeline for resolving a wrongful termination case in Los Angeles can vary depending on the case's specifics. Some cases may be resolved quickly through settlement negotiations, while others may take several months or years to resolve in court.
Finding vetted Los Angeles Employment Lawyers is crucial to the outcome of your wrongful termination claim
It's important to find vetted employment lawyers in Los Angeles because employment law in California is a complex and ever-changing area of law, and it's essential to have an attorney who is honest, ethical, experienced, knowledgeable, and up-to-date on the latest legal developments.
Here are a few reasons why finding a vetted employment lawyer is crucial:
Knowledge and expertise: California employment law is a highly specialized area of law that requires specific knowledge and expertise. A vetted employment lawyer in Los Angeles will deeply understand the various state and federal laws that govern the employment relationship and know how to navigate complex legal issues.
Protection of legal rights: If you believe you have been wrongfully terminated or have been subject to other illegal employment practices, you need an attorney to protect your legal rights and fight for your interests. A vetted Los Angeles employment lawyer will be able to assess the strength of your case, advise you on your legal options, and represent you in negotiations or court.
Guidance and support: Going through a wrongful termination or another employment-related legal issue can be an emotional and stressful experience. A vetted employment lawyer will provide you with guidance and support throughout the legal process, helping you to make informed decisions and ensuring that you are fully informed of your legal rights.
Access to resources: A great employment lawyer will have access to a range of legal resources, including expert witnesses, investigators, and other professionals who can help to build a strong case on your behalf.
Reputation and credibility: A vetted employment lawyer in Los Angeles will have a reputation for providing high-quality legal services and a track record of success in handling employment law cases. This can help ensure that your case is taken seriously by your employer and the court system.
In summary, finding vetted employment lawyers in Los Angeles is crucial for protecting your legal rights, navigating complex legal issues, and ensuring you have the support and guidance you need throughout the legal process. In addition, by choosing an experienced and knowledgeable attorney, you can increase your chances of achieving a favorable outcome in your case.
