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Gardena Wrongful Termination
Gardena is located in Los Angeles County, California. As of 2010, its population was 58,829, and as of 2000, its population was 57,746. On mainland United States, Gardena is home to a large concentration of Japanese companies. Top employers in the area include Memorial Hospital of Gardena, United Parcel Service, and Hustler Casino. People are fired every day in Gardena and other cities. Usually, businesses are allowed to terminate their employees without suffering adverse consequences because California follows the “at will” doctrine. But there are exceptions, and one of these is wrongful termination. What makes termination wrongful? It is wise to consult an experienced Gardena wrongful termination attorney if you believe you were subject to unlawful treatment of this nature. At the Calderone Law Firm, we may be able to provide legal counsel and represent you in a wrongful termination lawsuit for damages.Wrongful Termination in Gardena
California employment is generally at will. However, there are exceptions. Under California employment law, employees can’t be terminated for an unlawful reason or for a reason that violates the state’s public policy or that goes in violation of a contract. An employee may be able to recover damages in a wrongful termination lawsuit where there is an express employment contract that includes a clause that the employer must have just cause to fire the employee.
It is illegal for an employer to terminate an employee for discriminatory, harassing, or retaliatory reasons. The Fair Employment and Housing Act (FEHA) prohibits discrimination on the basis of certain protected characteristics. When an employer terminates an employee based on a characteristic protected under FEHA, it is wrongful termination. Accordingly, violations of public policy or law may involve gender discrimination, pregnancy discrimination, race or color discrimination, national origin discrimination religious discrimination, disability discrimination, or family or medical leave discrimination. It’s also unlawful to terminate a female or LGBTQ worker who asserts a right to equal pay. Those with AIDS or HIV, veterans, and victims of domestic violence are also protected against discriminatory termination. A skilled wrongful termination lawyer serving Gardena can assess whether any of these violations may have occurred in your case.
It may be a violation of public policy to terminate an employee for talking about her wages with coworkers, because of her political speech, or because she is protesting dangerous work conditions. Likewise you may have a basis to sue for wrongful termination if you are a whistleblower who disclosed your employer’s violation of federal or state regulations or statutory violations to a governmental agency. Another basis for a wrongful termination lawsuit might be firing an employee for complaining that wages weren’t paid promptly or firing an employee for testifying in a hearing as a witness. It’s also against public policy to fire an employee for refusing to sign a waiver that releases the employer from being held accountable for intentional acts.
FEHA and other anti-discrimination laws include anti-retaliation provisions. Your employer isn’t allowed to terminate you in retaliation for engaging in a protected activity, such as filing a charge or complaint of discrimination. A dedicated Gardena wrongful termination attorney can help you pursue damages for retaliation in addition to other unlawful conduct.Penalties
If you are able to establish a case for wrongful termination, you may be able to recover damages. The types of damages you can get in a wrongful termination lawsuit include lost wages, back pay, benefits, wages, and emotional distress damages. You may be able to recover attorneys’ fees. Additionally, you may be able to get punitive damages. These are not damages meant to put you back into the place where you were before being terminated. Rather, they are awarded to penalize your employer’s willful misconduct in terminating you. It can be unusual to get punitive damages, but it is possible in the case of egregious misconduct.Consult a Skillful Wrongful Termination Attorney in Gardena
Most employees do not have a source of wealth separate from their jobs. They need their jobs to survive — to pay their mortgage or rent, access medical care, and buy groceries. Losing your job can be extremely stressful. If you were terminated for an unlawful reason or in violation of public policy or a contract in Gardena, you may be able to bring a wrongful termination lawsuit. A skillful workplace litigator at the Calderone Law Firm may be able to represent you in a wrongful termination lawsuit. We provide tenacious legal representation before agencies, and in courtroom trials. Call the Calderone Law Firm at (424) 348-8290 or complete our online form.