There are several reasons why you may need the services of wrongful termination lawyers in Los Angeles. A worker could be the victim of an unjustified dismissal as unfair dismissals are increasingly frequent in Los Angeles. Sometimes even after the worker suffers a serious injury in an accident at work. In this way, employers seek to avoid paying workers compensation in California .
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The best wrongful termination lawyers in Los Angeles near you
Our workers compensation lawyers in Los Angeles are experts in labor law. They can help you prepare a lawsuit if you have been the victim of a similar situation.
In addition to unjustified dismissals after an accident at work with injuries, there are dismissals for discrimination. Also for pregnancy or for filing a claim, just to mention a few. In these cases it is possible to file a claim for violation of the employment contract.
In California, a worker can be legally fired since the majority of employees work at will. That is, employees could be fired at any time by the employer without prior notice. However, the Employment Law has a series of legal assumptions. These protect the worker against unjustified dismissals.
An employer cannot fire a worker when he wants to. The dismissal must be fully justified within the current legal framework to avoid injustices. However, there are situations in which due to the absence of a signed employment contract, the employer can legally terminate the employment relationship. No need to justify dismissal.
There are also legal reasons to file a lawsuit when the worker considers his dismissal violated the California Wrongful Dismissal Act.
When is unjustified dismissal considered?
A dismissal is unjustified when there is a termination of contract or employment relationship. Under conditions that violate one or more laws of a state or federal nature. Likewise, when a written or de facto contract is deliberately breached. The definition of unjustified dismissal may vary according to legal status.
According to the legal definition, some of the violations of the law that constitute unjustified dismissals are the following:
If the worker belongs to one of the categories that are protected by law and the dismissal is based precisely on those categories. In the state of California, the classes that are protected are: race, age, sex, religion, sexual orientation, national origin, identity of expression, disability, military / veteran status and medical condition, among others.
Dismissal with breach of contract
This situation arises when the worker is dismissed in open violation of the terms established in the employment contract. A basic rule implied in the contract is that the employee cannot be dismissed while working and fulfills his tasks and duties.
Dismissal for retaliation
It is when the employer prohibits the employee from exercising their labor and legal rights in general when submitting a claim for workers’ compensation benefits, after suffering a work injury. Also when the employee is fired for serving as a witness in a case against the employer.
Dismissal because the worker refuses to commit an offense
Sometimes workers are forced by their employers to perform tasks that expressly violate local, state or federal laws. The law states that the employee cannot be forced by any employer to break the law.
Failure to comply with the dismissal procedures established in the worker’s manual
Most companies establish a manual with stepts to follow for the worker in case of labor breach. When the employer dismisses the employee without adhering to the established procedure, it is also considered an unjustified dismissal.
The unjustified dismissal laws in the United States compared to Latin American countries
In the United States and particularly in California, the legal process of an unjustified dismissal is not easy. This is due to the fact that most workers have “at will” contracts for which an application request signed by the applicant to fill the job is sufficient.
The working conditions in the US are different from those of most Latin American countries in this area. So in the absence of a formal employment contract signed by the employer and the employee, the employment relationship can end at any time. Whether with or without cause, and this does not imply a violation of the law.
However, as already indicated, there are certain situations in which an employer cannot fire the worker because it is considered an unjustified dismissal. When the employee suspects that his dismissal occurred illegally, he can visit Los Angeles wrongful termination lawyers or an attorney with experience and the ability to protect his labor rights.
Our immigration lawyers in Los Angeles are also experts in labor law and workers’ compensation. Do not hesitate to book your free consultation to be advised with your case.
Contrary to what is established in the Latin American labor legislation, the US employment laws also allow the worker to resign his or her role with the company without notice or obligation. While there is a habit of submitting a letter of notice of resignation or a simple verbal announcement two weeks in advance, the employee is not required to do so. You can quit and leave the same day if you want to.
In Latin America, on the other hand, it is mandatory for formal jobs to present the resignation letter at least one month in advance, before deciding to leave the job. Otherwise, it would be violating labor laws or the employment contract and could even be considered a work abandonment. In the United States, neither severance nor seniority is paid to the legally dismissed worker, as in Latin America.
What to do and how will an unfair dismissal lawyer help you with an unjustified act?
The first thing you should do is hire expert Los Angeles lawyers in wrongful termination to guide you on the next steps you must take to obtain workers’ compensation. They can review your case and help you navigate the complex state and federal labor laws.
Depending on the characteristics of the case, they will tell you what your rights are, the protections for employees provided by the law, the possible compensation you can collect and the implications that unjustified dismissal may have, including in the field of human rights.
When a worker is fired from his job, he is involved in a truly overwhelming situation. Many questions arise about how to deal with family expenses or who will pay medical bills if the dismissal occurred after a work accident.
The Best Los Angeles wrongful termination lawyers can help you win your case.
The worker should try to cope with the situation, seek the necessary legal help and follow our recommendations to protect his rights.
1. Document the dismissal
It is essential that the dismissed worker documents everything related to the case. This includes, the reasons for the dismissal, the actions of the company, what the employer did and said about it. Any document issued by the company is important (memo, letter and others). The names and testimonies of the other workers witnessing the fact. Everything must be written and / or collected in detail by the worker.
2. Review the employment contract
You must reread the employment contract – if any – to ensure that the dismissal was made in accordance with those agreed in that contract. Or, if on the contrary, it violates any of its clauses. Your unjustified dismissal lawyer can also review the contract and determine any possible violations.
3. Do not assume a hostile attitude
Although an unjustified dismissal causes discomfort given the way it has occurred, the employee must maintain composure. In no way should you assume a violent or hostile attitude against the employer that could ruin the case. Remember that later you can file a claim for wrongful termination and you will not want it to be lost for a moment of obfuscation.
4. Stay safe and calm
If the dismissal occurred in the middle of a dispute or in an insecure and hostile environment, it is best to be safe by leaving the workplace quickly. No need to confront the employer at that time or stay there. The worker is not legally obligated to remain in place for a final meeting after being unfairly dismissed. Unless stated in the employment contract.
But if your life or personal safety is in danger is better to leave. If the worker has indications that his case is an unjustified dismissal, he must remain calm at all times. Subsequently, with the appropriate legal help, you can file a civil suit against your employer to seek compensation for damages.
You should make sure you look for an expert lawyer in labor law and with experience in these cases. Make sure he is willing to work with you to protect your rights and get the compensation you deserve.
In this sense, our Los Angeles wrondful termination lawyers have been protecting the Hispanic community and other ethnic groups in Los Angeles for over 40 years. With hundreds of success stories behind us we are sure we can help you.
Lawsuit for unjustified dismissal
If you were fired for an illegal cause; For example, belonging to a protected class, you may file a claim for wrongful termination or unfair termination. If you and your lawyer manage to win the discrimination lawsuit, your employer may be required to pay compensation.
Such compensation includes salaries and other lost benefits. Likewise, your lawyer’s fees and court costs, damages for emotional distress and even punitive damages.
In California, unjustified dismissal lawsuits constitute a legal action in which the worker claims in court that he was fired for an unfair or illegal reason. The most common claims for unjustified dismissal are based on:
- Violation of an implied contract.
- Dismissal / unlawful termination against public policy.
- Reporting irregularities in the workplace.
- Protected political activities or the exercise of rights contained in the Law on Employment and Fair Housing.
- Reporting a work injury or filing a workers’ compensation claim.
- Exercising the rights contained in the employee license laws of the State of California.
- Warning about violations of the law in cases of mass layoffs.
If you need a workers’ compensation lawyer to file a claim for wrongful termination, call now for a free case review and consultation. You will speak directly to our lawyers who are specialists in unfair dismissals.
How much time do you have to sue for wrongful termination?
The statute of limitations for filing an unfair dismissal claim will depend on the type of claim that you and your lawyer decide to file, depending on the circumstances of the event.
The following table establishes the different deadlines according to the California illegal termination law:
|Type of unjustified dismissal claim||Time limit|
|Unjustified dismissal that violates implied oral contract||2 years|
|Unjustified dismissal in violation of public policy||2 years|
|Complaint for unjustified / undue dismissal (Labor Code 1102.5)||3 years|
|Illegal complaint of dismissal (Sarbanes-Oxley Law).||180 days (complaint to the US Department of Labor).|
|WARNING Dismissal / undue termination law.||3 years|
Time starts running right after termination or when the employer retaliated against you.
The dismissed worker cannot wait for the deadlines set forth in the California Statute of Limitations for unexcused dismissals to file a lawsuit. The faster you contact a good work lawyer and prepare your complaint, the more chances of success you will have.
Where can I report an unjustified dismissal?
It will depend on the nature of the complaint. You can file a complaint with the California Department of Employment and Fair Housing (DFEH) , instead of a complaint in court. The admission form that you have to fill out to start this process must be submitted within the year following the dismissal.
Compensation for wrongful termination
An employer who unfairly dismisses a worker can be severely penalized. This includes statutory sanctions or the payment of compensation for damages to the worker.
Compensation for wrongful termination could include:
- Lost salaries.
- Medical services not received.
- Fees for legal representation expenses.
- Worker’s out-of-pocket expenses (per diem, transportation and others).
- Social security and other benefits.
What do I get for an unjustified dismissal?
Compensation for wrongful termination could include:
Lost wages and other benefits. Late salary payments that the worker would have received if he had not been dismissed unfairly. Plus the additional benefits that a similar employee could have reasonably had, before and after the lawsuit.
Depending on the circumstances of the case, the compensation required may include damages due to emotional distress and / or mental suffering.
Loss of past and future benefits. This includes the complementary benefits that the unfairly dismissed person could have earned if he had not been fired.
Medical services not received. If the worker was fired as a result of an accident at work, he must receive hospitalization payments, medicines, surgeries, exams and so on for the expenses he incurred.
Fees for legal representation expenses. There are certain cases in which the plaintiff who wins the claim for unjustified dismissal in California includes compensation for his lawyer’s fees and the costs of witnesses and experts. For example, cases of unfair dismissals under the Fair Employment and Housing Act and illegal dismissal under Sarbanes-Oxley.
Worker’s out-of-pocket expenses (per diem, transportation and others). All justified expenses incurred by the unfairly dismissed worker.
Punitive damages. These are the additional penalties that the employer receives as punishment for his behavior in cases of unjustified dismissals related to oppression, fraud and malice.
Social security and other benefits. The employment lawyer hired by the plaintiff may also include in the agreement that the worker must be reinstated in the position. It could be with the same salary and working conditions you had previously or with the work accommodations that you reasonably require. If the worker has been unfairly denied promotion to a higher position, it could also be included.
Calculate severance pay
After analyzing the case, Lluis Law’s employment and unfair dismissal lawyers quickly calculate the severance pay you could get after winning an unfair dismissal claim. For more than 40 years we have successfully defended Latino workers who were unfairly dismissed by their employers.
The calculation of the compensation is made according to the damages caused and the nature of the dismissal. However, court rulings and monetary agreements between the parties in cases of unjustified dismissals usually range from $ 5,000 to $ 80,000.
Of course, this will depend greatly on the employee and the circumstances of the dismissal. Also, whether or not you are represented by an experienced labor lawyer in Los Angeles. As is the case with Lluis Law’s Los Angeles wrongful termination lawyers that you can access right now with a simple call.
How much time does the employer have to pay the settlement?
California law gives employers very little time to pay liquidation for undue dismissal. The last payment control must be done within 72 hours. But the employer could also wait until the next scheduled payday.
What happens if the settlement is not paid on time?
If the employer fails to comply with the deadline established by law, he can be sanctioned with the payment to the worker of a full salary day for each late payment day up to 30 days, including weekends. That is, that the employee receives his usual salary, plus one day of full salary for each day of delay the employer, as established in section 203 of the California Labor Code.
If the claim against the employer thrives, the worker will have the right to recover the legal fees of his or her wrongful termination lawyer from the employer. The legal fees are generally higher than the wages originally owed.
On the other hand, when the employer does not pay the last paycheck to the worker, there may be federal intervention, since the employer would be violating the Fair Labor Standards Act (FLSA). The employer is exposed to receive criminal penalties.
Labor trial for unjustified dismissal
After speaking with a labor lawyer and if the evidence indicates, you have the right to file a claim for wrongful termination against your employer. The procedure to follow will depend on the cause of the dismissal and the damages caused to the worker.
An administrative complaint must first be filed, as indicated above, before the DFEH, in which the violations of the law committed by the employer are explained in detail. However, there are cases in which your wrongful termination lawyer would advise you to go directly to court to file a claim for damages. The faster you go to court to file the lawsuit, the better.
Book your free consultation with our Los Angeles wrongful termination lawyers today
Lluis Law’s unfair dismissal lawyers help you prepare the claim and, if possible, negotiate a compensation arrangement beneficial to the fired worker. When this is not possible then all the evidence is collected and advances in a lawsuit.
The trial for unfair dismissal almost never reaches the decision stage by the judge, but the parties often agree to a compensatory payment that meets the reasonable expectations of the worker. The judicial process during a trial can be exhausting, long and uncertain.
If you or a loved one need the help of a Los Angeles labor lawyer, here we are at your service. We specialize in cases of unjustified dismissal.