Needless to say, wrongful termination is against the law. But what is wrongful termination and how do you defend yourself against such an accusation? If you find yourself asking these questions, please read on, then contact an experienced Los Angeles wrongful termination defense attorney to learn what you should know about wrongful termination in California.
What constitutes wrongful termination in California?
The Fair Employment and Housing Act provides employees in California with a plethora of protections. At its essence, the Act states that it is unlawful for an employer to fire employees for any discriminatory reasons. Employers are prohibited from terminating employees because of any of the following protected characteristics:
- Marital status
- Medical condition
- National origin
- Military or veteran status
- Race, Ethnicity, Ancestry
- Sex, Gender, Sexual Orientation
When is it not wrongful termination in California?
As it turns out, the Golden State is an employment-at-will state, meaning you, as an employer, have the legal authority to hire or fire any employee for any legal reason or even no reason at all. For example, if your employee’s performance or attitude at work does not satisfy you, you have every right to fire them. It is an unfortunate reality that many employees bring their claims once they were terminated or even after they resigned or quit.
If you find yourself in this situation, you should reach out to a skilled Los Angeles County, California employment attorney to discuss your steps and plan your defense strategy.
How can a Los Angeles labor lawyer help you?
First and foremost, your qualified legal representative will collect, compile and present the evidence proving that your stated reason for the discharge was a correct one and not for any illegal purpose. A former employee might also claim that he or she had no choice but to resign due to harassment or discrimination, something known as constructive discharge or dismissal. Again, your lawyer will prove that this is not the case. A competent employment lawyer from our firm will have the knowledge and dedication to effectively fight and counter every one of the plaintiff’s claims. Often, the best defense is a strong offense. Your lawyer will work to keep the burden of proof on the plaintiff. Being disgruntled or fired abruptly does not in itself constitute wrongful termination and we will make sure the judging bodies understand that. Do not go it alone. Please give us a call today.
Contact Our Experienced Los Angeles Firm
Whether you are an employer or an employee involved in an employment-related dispute, you can rely on the legal team here at Lee Law Offices to fight for you. Our firm has significant experience in matters involving church and commercial litigation. Contact us today so we can discuss your situation and determine the best path forward.