Can I Sue for Wrongful Termination?
Los Angeles Wrongful Termination Lawyer on Wrongful Discharge Laws
Generally, when an employer unjustly or compulsorily fires or terminates the services of an employee, it is believed that the employee has a claim for wrongful termination against the employer. This is a wrong notion in California. California wrongful termination laws follow the “at will” employment doctrine.
According to this doctrine, an employer may freely terminate an employee despite not having just cause to do so and without warning in the absence of an employment contract. This is the same doctrine that allows employees to quit their jobs without reason or warning, usually without consequences. However, there are numerous exceptions to this doctrine. If the employee is able to bring his or her wrongful termination case within these exceptions, the employee may have a valid lawsuit against the employer. Learn if your termination may be unlawful with our wrongful termination guidelines.
If you believe you may be the victim of a wrongful termination, contact a Los Angeles wrongful termination lawyer at our law firm today to set up a free consultation. We have helped hundreds of California employees gain legal resolutions for wrongful discharges. Sometimes, a wrongful termination can be traced back to other employment law violations, such as discrimination at work or retaliation in whistleblowing cases. Our employment attorneys for wrongful termination look at every possible angle to determine if other workplace rights were violated to gain the best outcome possible.
Wrongful Termination Damages and Settlements
However illegal you believe the termination may have been, you still might have to at least “threaten” to file a lawsuit to correct a wrongful termination. The first step towards making a claim against an employer for wrongful termination is to send your former employer a notice from your Los Angeles wrongful termination lawyer. A letter from your employment attorney may be all it takes for your former employer to settle out of court; then the wrongful termination case ends here.
At times, the employer may choose to go ahead without settling the claim. If the employer chooses to fight and you choose to fight back, you are likely headed for court. This will lead to filing of a lawsuit for wrongful termination based on one or more of the grounds stated above. The advantages to taking your wrongful termination lawsuit to court is that a jury will decide the case, and juries tend to side with employees.
An alternative to a wrongful termination lawsuit is to arbitrate the case. Choosing to arbitrate a wrongful termination case can beneficial, as it is often less formal and may be an overall quicker legal process than litigation. In fact, some sort of arbitration might be your only choice if you signed a mandatory arbitration agreement with the employer in question. You also do not need a wrongful termination lawyer on your side of the table in an arbitration, but the American Arbitration Association recommends it. Having an employment attorney represent you in a wrongful termination arbitration ensures the your claim is well-developed and the limited amount of information allowed by the arbitrator is the strongest it can be. Learn more about resolving employment law disputes with arbitration here.
Find Attorneys for Wrongful Termination in Los Angeles
The most important factor in a wrongful termination case is the time. When an employee has a wrongful termination lawsuit, the worker should immediately consult an attorney to learn more about the various remedies and alternative. Otherwise, a valid case for wrongful termination may fail due to running out of time. If you think that you were fired unfairly, please contact a Los Angeles wrongful termination lawyer at our law firm now.