Sherman Oaks Wrongful Termination Lawyer

Top-Rated Wrongful Termination Lawyer in Sherman Oaks

Contrary to what you might have heard, your employer doesn’t have absolute control over its firing decisions. Federal and California laws provide many protections against wrongful termination. So, if your boss has fired you illegally, they might owe you money or reemployment.

A Sherman Oaks wrongful termination lawyer from Starpoint Law can determine whether your termination was illegal and win you everything you deserve. We have a perfect track record and are ready to fight for you.

Let’s Review Your Rights

Generally, employers can fire you for almost any reason or even no reason at all. This is called “at-will” employment. This doctrine can be a little scary if you’re looking for job security. But the good news is that there are many exceptions to an employer’s at-will power. Your employer cannot fire you under the following circumstances:

• If the termination is motivated by discriminatory reasons,
• If the termination is unlawfully retaliatory,
• If the termination is against public policy, or
• If the termination is in breach of a work contract.

Below, we dive into how these illegal firings can crop up.

Discriminatory Termination

Under the California Fair Employment and Housing Act (FEHA) and Title VII of the Federal Civil Rights Act of 1964, an employer cannot fire an employee because of:

• Religion,
• Color,
• Marital status,
• Race,
• Genetic information,
• Age (40 and older),
• Military status,
• Disability,
• Sex,
• A medical condition,
• Nationality,
• Pregnancy,
• Veteran status,
• Gender, or
• Sexual orientation.

If you have been a victim of workplace discrimination, you can sue. You can also file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Remember that your employer cannot fire you for properly filing a discrimination complaint. 

Retaliatory Termination

Sometimes, firings aren’t about economic downturns or an employee’s poor job performance. Sometimes, an employer terminates an employee out of a sense of revenge. This type of firing is highly illegal if an employer does it because an employee engaged in a protected activity, such as:

• Taking time off to attend judicial proceedings as the victim (or family member of a victim) of a crime,
• Reporting wage and hour violations,
• Reporting discrimination,
• Taking or requesting time off to serve on a jury,
• Taking or requesting time off to tend to serious medical or family matters,
• Properly disclosing an employer’s unlawful activities (whistleblowing),
• Seeking workers’ compensation benefits,
• Refusing to engage in unlawful activities for the employer,
• Taking or requesting time off to address certain school functions for their child,
• Reporting safety violations, 
• Helping a coworker with a discrimination or retaliation claim, or
• Taking time off to address first-responder or military duties.

The above is a limited snapshot of the anti-retaliation laws that are on your side in work situations. If you sense that your employer has committed unlawful retaliation, talk about your job loss with an accomplished wrongful termination lawyer from Starpoint Law.

Termination Against Public Policy

Terminations against public policy and retaliatory terminations often overlap. As CACI 2430 points out, public policy comes from constitutional or statutory provisions that benefit the public. So, an employer might be liable for a discharge against public policy if an employer fires an employee for:

• Whistleblowing,
• Serving on a jury,
• Reporting for military duty,
• Reporting for first-responder duty, or
• Exercising their right to vote.

Once again, the above is a handful of ways an employer might fire an employee against public policy. Discuss the details of your case with us to determine if you can sue your employer under this legal principle or one of the others we mention in this article.

Termination in Breach of Contract

Some employees and employers enter work contracts that promise employment for a fixed time or outline the circumstances under which an employee can be fired. A contract like this eliminates an employer’s at-will right.

If an employer fires an employee earlier than a contract promises or for reasons outside the contract terms, the employee can sue in civil court. And don’t assume that you don’t have an employment contract just because you didn’t sign a written document. You might have rights under an oral or implied contract depending on your reasonable expectations and your employer’s verbal statements or representations in workplace policies.

Your Rights When You Quit

Your employer doesn’t have to be the first one to make a move for you to have a wrongful termination claim. If you quit your job because your employer’s unlawful behavior is so untenable that a reasonable person would not stay, you might have a case for an illegal constructive discharge. 

What You Can Win in a Claim

If your wrongful termination claim is successful, your awards could be financial and professional. Remedies that might be available in your claim include:

• Payment of lost wages,
• Compensation for emotional distress,
• Payment for other financial losses,
• Job reinstatement,
• Punitive damages,
• Policy changes at the workplace, and
• Legal fees.

Our skilled wrongful termination lawyers can make the arguments necessary to maximize your legal relief.

What Evidence Can Help Your Case?

In general, strong evidence means a strong case. The type of evidence you might need to gather to prove a wrongful termination and your right to damages could include:

• Correspondence from your employer, 
• Employment records,
• Wage records,
• Employment contracts,
• Education records,
• Witness testimony,
• Pictures,
• Employer guidelines or policy books,
• Statistical evidence from your employer,
• Personnel records, 
• Copies of work complaints, and 
• Copies of commendations from your employer.

You can obtain some of the above-listed proof with little effort, but accessing other proof might require sophisticated legal tools. We know how to collect all the strongest evidence to support your case.

Why Hire an Attorney?

Suing an employer for wrongful termination can be emotionally taxing, time-consuming, and legally complex. An attorney with years of experience and skill can take on the intellectual and emotional labor needed to maintain and win your wrongful termination case. 

An attorney can:

• Speak or negotiate with your employer on your behalf,
• Use legal tactics to gather all evidence needed for your case,
• Identify all legal principles that support your claim,
• Calculate the amount of money you can likely recover in your claim,
• Timely file your claim in court or with a government agency, and
• Argue your case before the court.

An experienced wrongful terminationattorney from Starpoint Law can do all of the above while providing you with the type of personal support to put your mind at ease throughout your case.

We Can Turn Your Loss into a Win

If you lose your job illegally, you don’t have to shrug your shoulders and take it on the chin. You can fight to win your job back or compensate for your loss. You don’t have to fight alone.

At Starpoint Law, we have superior skills to maximize damages for employees in work disputes. We are passionate about helping people who work hard in California and don’t receive the respect or benefits they deserve. We have won large amounts for our clients and have not lost a case! 

Speak to a top wrongful termination lawyer in Sherman Oaks. You can call or contact us online today to schedule a consultation.