Proudly Representing Wrongfully Terminated Clients in Long Beach
At Nosrati Law, A Professional Law Corporation, our Long Beach wrongful termination attorneys have a proven track record of success. We have been fighting for the rights of employees who have been wrongfully terminated for over 20 years in our combined experience. We understand that employers who engage in this type of illegal behavior often try to intimidate their employees into remaining silent. Whether we are mediating a settlement or taking your case to trial, we aim to fight diligently. If you suspect you have been wrongfully terminated, it is crucial to act swiftly.
What Is Considered Wrongful Termination in Long Beach?
The basis of wrongful termination is that an employee was illegally fired from their job. For a firing to be considered illegal, it must violate either an explicit contract that the employee has with their employer or a protected characteristic under California or federal law.
These characteristics include:
An employer cannot terminate you based on any of these protected characteristics. If they do, the employee may pursue a claim for wrongful termination.
What Are Some Common Examples of Wrongful Termination in Long Beach?
There are many different ways that an employer can violate an employee’s rights, including:
- Firing an employee in retaliation for reporting discrimination, harassment, or other illegal behavior. Sometimes, employees identify misconduct in the workplace, and they are subsequently terminated as a form of retaliation. unemployment.
- Firing an employee to avoid paying overtime or other earned wages. Unfortunately, wage theft is all too common in the workplace. Some employers try to get around paying their employees by classifying them as exempt from overtime when they are not or by failing to pay them for the hours they worked. This is a sneaky tactic for employers to boost their profits at the expense of their employees, but it is illegal and can result in a wrongful termination claim.
- Firing an employee for taking leave under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that provides Long Beach employees with up to 12 weeks of unpaid leave for certain qualifying events, such as the birth or adoption of a child or the serious illness of a family member. Employers who try to interfere with an employee’s ability to take advantage of this leave or who fire an employee for taking FMLA leave can be held liable for wrongful termination.
- Firing for complaining about unsafe working conditions. Employees have a right to a safe workplace, and they also have a right to complain about unsafe conditions without fearing retaliation from their employer. If an employee is fired for bringing unsafe conditions to their employer’s attention, they may have a claim for wrongful termination.
- Firing an employee based on a false accusation. An employer might try to get rid of an employee they don’t like by making up false accusations against them. This could be anything from alleging that the employee was stealing company property to claiming that they violated company policy.
What Can I Be Compensated for If I Win My Wrongful Termination Case in Long Beach?
In general, employees who are successful in their wrongful termination cases may be awarded:
- Lost wages and benefits. If you win your case, you may be able to recover the wages and benefits you lost as a result of your wrongful termination. This could include things like salary, bonuses, commissions, and health insurance.
- Reinstatement. In some cases, the court may order your employer to reinstate you in your old position. Alternatively, they might give you a similar position with the same salary and benefits.
- Emotional distress damages. If you have suffered from anxiety, depression, or other mental health problems because of your wrongful termination, you may be able to recover damages for your emotional distress.
- Punitive damages. In some cases, an employer’s conduct may be so egregious that the court will award punitive damages. Punitive damages deter future misconduct but are not available in every case.
Do I Need a Wrongful Termination Attorney?
The most valued offerings from a Long Beach wrongful termination lawyer may include:
- A consultation to discuss your case. This is an opportunity for you to explain what happened and for the attorney to ask questions about your case. It also gives you a chance to get to know the attorney and decide whether you would like to work with them.
- An evaluation of your case. Once the attorney has all the facts, they can determine whether you have a claim and, if so, what your best options could be.
- An estimate of the value of your case. While no attorney can guarantee a specific outcome, an experienced wrongful termination attorney will be able to give you an estimate of the value of your case based on their experience with similar cases.
- Experienced and knowledgeable legal representation. If you decide to move forward with your case, working with an attorney who regularly handles these matters can give you the confidence you need. The average citizen does not have a legal background or experience in court, which could dramatically affect the outcome of their case if they chose to self-represent.
- Negotiation. Whether it’s through a settlement or a trial, attorneys are highly skilled in the art of negotiation. Mastering the strategy behind negotiation could be the deciding factor in how much you are awarded for your wrongful termination case, as the ability to negotiate a higher settlement could make all the difference.
Wrongful Termination Law FAQs in Long Beach
How much is a Long Beach wrongful termination claim worth?
The damages you could recover in a wrongful termination claim will depend on the specific laws infringed in your situation. Employees who succeed in their wrongful termination claim may be awarded lost wages and benefits, reinstatement, emotional distress damages, and punitive damages. The total varies on a case-by-case basis.
Can I sue my employer for wrongful termination?
In order to sue your employer for wrongful termination, you must first show that you were wrongfully terminated. This means that you must have evidence of being fired in violation of a contract, statute, or public policy. If you can show that you were wrongfully terminated, you may be able to recover damages. Suing your employer is a complex legal process, so it is important to consult with an experienced wrongful termination attorney before taking any action.
How do I prove wrongful termination?
To prove wrongful termination, you must have clear evidence that your employer terminated your employment for an illegal reason. The evidence included could be direct, such as an employer’s statement that they are firing you because of your race or gender. It can also include circumstantial evidence, such as your employer making derogatory comments about your protected characteristic or if you are replaced by someone who does not share your protected characteristic.
Questions You May Have about your wrongful termination case
Some additional questions employees in Long Beach often have about wrongful termination include the following:
- Where to file complaints. Many employees want to know whether they should start with a state agency, such as the California Civil Rights Department or the Division of Labor Standards Enforcement, before pursuing a lawsuit in a Los Angeles County court.
- How long the process takes. Wrongful termination matters can involve several stages, from agency investigations and settlement talks to potential hearings or trials, and the overall timeline can vary widely based on the facts of your case.
- Whether they need documentation. Workers are often unsure which records to save, but items like pay stubs, emails, text messages, performance reviews, and notes about conversations can be very helpful when you meet with a wrongful termination lawyer Long Beach employees can turn to for guidance.
- What happens if the employer denies everything? It is common for employers to dispute the employee’s account, and an attorney can help you understand how evidence, witness testimony, and legal standards are used to evaluate credibility.
Contact Nosrati Law, A Professional Law Corporation today to schedule a onsultation with our Long Beach wrongful termination attorney.
