wrongful termination lawyer Los Angeles

When is Firing Wrongful Termination in California? L.A. Employment Attorneys Explain

April 17, 2021 | by Nassiri Law

Getting fired is never fun. That doesn’t necessarily mean it’s illegal. As our L.A. employment attorneys can explain, certain elements need to exist in order to prove your termination was illegal, as opposed to just unpleasant.

Let’s start by explaining just broadly that a mix of federal and California laws prohibit employers from firing workers for a number of specific reasons, including disability, age (if over 40), use of family or medical leave, gender, pregnancy, sexual orientation, race or religion. Laws like the California Fair Housing and Employment Act (FEHA), the Americans With Disabilities Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, Title VII and others are designed to protect workers from being fired on the basis of things that are mostly beyond their control. Other provisions of law are designed to protect workers who are whistleblowers or who file complaints for things like sexual harassment, discrimination or other wrongdoing.

What can complicate some would-be wrongful termination claims is the fact that California (like most other states) practices something called at-will employment. This means that employers are allowed to take adverse employment action (cut pay, reduce paid time off, end benefits or even fire workers) at any time and for any reason – except one that is illegal. At the same time, employees are generally free to quit anytime they want without incurring any legal liability.

If you aren’t sure whether your firing was lawful, it’s best to share your concerns in confidence with an experienced wrongful termination lawyer who can explain how the law may be applicable in your case. That said, here are some examples of when your firing may be unlawful. Continue Reading ›

California Employment Lawsuit Plaintiffs Face Punitive Damage Skepticism in Court

May 8, 2020 | by Nassiri Law

California has always had one of the most robust system of protections for employee rights in the country. However, two recent state appellate court rulings may not bode well for punitive damages in future cases.

As our Los Angeles employment lawyers can explain, there are two types of damages in civil cases like these: Compensatory and punitive.

Compensatory damages are those that compensate a plaintiff for losses. They fall into two basic categories: Economic (medical bills, lost wages, loss of earning potential, loss of benefits, retirement, etc.) and non-economic (pain and suffering, etc.). Punitive damages, on the other hand, punish the defendant for wrongful conduct and hopefully discourage others from engaging in the same kind of behavior in the future. Continue Reading ›

$8M California Wrongful Termination Verdict for Framed Worker

November 15, 2018 | by Nassiri Law

Los Angeles wrongful termination lawyers know there are many reasons employers seek to shed workers they view as problematic. California is an at-will state when it comes to employment, meaning barring an employment contract stating otherwise, an employee can quite or be fired for almost any reason. However, when employers take adverse employment action against workers for prejudice despite protected status or for engaging in certain protected activity, this can be legally actionable in an employment lawsuit.

One of those protected activities is filing a claim for workers’ compensation. If you are hurt or become sick because of an incident or some condition at work, you don’t have the option of suing your employer. Instead, the exclusive remedy to which you have access is workers’ compensation, which allows for no-fault benefits, such as coverage of medical expenses, lost wages and work training. If an employer retaliates against you for filing a workers’ compensation claim by firing you, this is a form of wrongful termination.

This is what allegedly happened to a worker in Fresno. The case, as reported by The Fresno Bee, is somewhat unique for the steps allegedly taken by the employer in order to justify the reportedly unlawful action of California wrongful termination. It is for this reason jurors justified an $8 million damage award after siding with plaintiff in this case.

Plaintiff Wrongly Accused, Wrongly Terminated in California, Fights Back Continue Reading ›