West Hollywood Wrongful Termination Attorney

West Hollywood Wrongful Termination Lawyer

Wrongful termination can utterly upend someone’s life in West Hollywood, CA. If you were wrongfully terminated, we know you face the difficulty of being without employment, seeking new employment, and the financial and personal stress that dynamic creates. Beyond that, there’s the mental anguish of realizing that the reason you are in the situation is entirely unjustified. The Law Offices of Miguel S. Ramirez can be here to help you through the situation as you seek to get what you deserve. We have experience and a deep understanding of wrongful termination law, and we can help you through the process.

Wrongful Termination

Wrongful termination is only possible in situations where there is an employment relationship in place. This means that independent contractors cannot make a wrongful termination claim if their contract was ended by their employer. However, they may have a claim of breach of contract depending upon their circumstance.

It’s important to understand what is and what isn’t wrongful termination in California. For the most part, employment in California is assumed to be ‘at-will,’ which means that an employer is free to terminate employment as they see fit. The only exception to this relates to those things which are specifically protected by California law. An employee’s performance, for instance, is not protected. That means that even if an employee has done their job well and even received praise and accolades for their performance, an employer may still fire them.

In California, there are many different unlawful reasons for employment termination, including:

• Discrimination – An employer should never fire an employer on the basis of their inclusion in a protected class. Protected characteristics include race, gender, disability, sexual orientation, religion, and others.
• Political Beliefs and Affiliations – An employer must not fire an employee for their political stances or associations. They may prevent employees from campaigning while at work, but in their personal time, an employee may campaign for whatever candidate or cause they desire without fear of being terminated at work.
• Using Legally Protected Time Off Work – California has a number of circumstances when employees are legally able to take time off of work, including maternity leave, family and medical leave, time to vote, sick leave, lactation breaks, jury duty, military leave, and activities related to parenting and school. An employee cannot be fired requesting or using any of this time when it is legally protected for their circumstance.
• Retaliation – An employer may be tempted to fire an employee for things like reporting workplace violations, demanding unpaid wages, participating in another person’s claim, or other complaints and protected activity. Termination for these reasons is grounds for a claim against the employer.

It is not just the law, though, that can provide grounds for wrongful termination. Any violation of the specifics of an agreed-upon employment contract can be wrongful termination under breach of contract. For instance, if an employment contract specifies a length of time for employment, the contract can only be ended for:

• A willful breach of employment duties
• Habitual neglect of employment duties
• Inability to perform employment duties

Wrongful termination can sometimes feel like an issue full of gray lines and unclear distinctions. We can take a look at your situation and employment contract, if necessary, to help you find the most appropriate solution to your case.

Other Wrongful Termination Claims

A case is strongest when it can be demonstrated that the factor in question was the causal factor being a firing. However, wrongful termination is often not quite as clear-cut as that. A mixed-motive case acknowledges that an employer may claim that a firing is a product of several different factors. So in a mixed-motive case, the employee is only required to show that the illegal reason for the firing was a substantial factor rather than the sole reason for the firing.

It may not always be a firing that causes a wrongful termination. In the case of constructive discharge, a resignation may be treated as a firing. At times, rather than fire an employee, an employer may try to encourage their resignation by creating horrible work conditions. It is illegal for an employer to do so.

In a constructive discharge case, an employee must be able to show that the employer created intolerable conditions to the point that any reasonable person would have quit rather than continue in their position. An employee must be careful, though, with this kind of case, and it’s inadvisable to quit with this claim as a backup plan.

When You’ve Been Wrongfully Terminated

If you’ve been wrongfully terminated, we can help you put together a firm case. If you are being terminated in a way that you believe is not lawful, you want to handle the situation carefully. You may want to consider these things if you find yourself in that situation:

• Document Everything – It’s good to have a record of what you’ve been told by your employer as to why you’ve been fired. If you can remember anything else about the lead-up to the process and anything else that may be pertinent, then write it down and have a record of it.
• Maintain Your Composure – If you lose your cool and say something you shouldn’t in the immediate aftermath, it could hurt your case. This isn’t always easy because being fired unfairly can be infuriating. Just try to remain cordial and leave as quickly as you can to calm down.
• Don’t Retaliate – If you retaliate or attempt to take any matters into your own hands, it could be detrimental to your case. Your energy is better used working with an employment lawyer to get your case started.
• Review Your Employment Agreement – Take a look at whatever contract or employment agreement you signed, as it may help you to see if anything in that document may help your case.
• Contact the Law Offices of Miguel S. Ramirez – We can take a look at your situation and let you know if you have a claim worth taking to court.

Damages

There’s no way to predict exactly what the damages awarded in a case may be. That’s because they range significantly based on a variety of factors. If you do win the claim, you could be awarded damages that are compensatory, legal, or punitive. It’s also possible that you may be reinstated or, if that’s not possible, receive some award of future earnings.

FAQs About West Hollywood, CA Wrongful Termination Law

What Qualifies for Wrongful Termination in California?

In California, employment is ‘at-will,’ which means that the only things which can be considered wrongful termination are those things that are legally protected. One of our lawyers can help determine if your case might fit into a protected circumstance. These things generally include:

• Discrimination against a legally protected group
• Retaliation for things like filing for worker’s compensation, demanding unpaid wages, whistleblowing, participating in someone else’s claim, or other protected participation in public policy
• Employers creating a hostile work environment
• Political beliefs and affiliations
• Breach of contract

How Much Is a Wrongful Termination Case Worth in California?

In California, cases can be settled for as little as $10,000 or as much as millions. With such a wide range, and the complexity and unique circumstances of every case, it’s hard to say what the average case is worth, nor would it be particularly meaningful as your case will uniquely be ruled on based on its circumstances. However, if you win your claim, you may receive damages in four categories:

• Compensatory
• Legal
• Punitive
• Reinstatement or Future Earnings

What Should I Do if I Think I Have Been Wrongfully Terminated?

If you think you’ve been wrongfully terminated, there are three things that can help you put together a successful claim.

• Don’t act out in anger or attempt any kind of retaliation. It’s upsetting to be fired wrongfully, but maintaining composure can help make sure you don’t do anything to jeopardize the case and allow you to remember what’s being said and claimed by your employer.
• Gather information and document everything. The more information you have on your situation, the better it will assist in building your case.
• Contact our offices. We can help you determine whether or not you have a case and what the next steps may be.

How Do I Win a Wrongful Termination Case in California?

Winning a claim is unique to the circumstance, but generally, it must be proved that the legally protected factor was the reason for the firing or was at least a substantial element of the firing in mixed-motive cases. In the case of constructive discharge, you must prove that the employer created intolerable working conditions to the point that no reasonable person would have continued working there.

Your Success Depends on a Strong Case

Putting together a wrongful termination case can be a complex process. Our experience, though, can help simplify the process for you and give you a strong chance at being awarded what you deserve. We will walk you through each step of the process, from gathering information to the final award. If you think you’ve been wrongfully terminated, contact the Law Offices of Miguel S. Ramirez today and get the restitution process started.