CAN I SUE FOR WRONGFUL TERMINATION?
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Employees may sue for wrongful termination if:
- They were fired or quit;
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- They quit or were fired due to a complaint about something illegal. Wrongful termination does not exist if the employee is continuing to work for the employer, and they are being paid. Likewise, wrongful termination has not occurred if the employee is working for the employer at the same rate of pay, but has been given a different job.
WRONGFUL TERMINATION REQUIRES
- THE LOSS OF THE JOB THROUGH TERMINATION OR QUITTING
- THE QUITTING OR TERMINATION IS BASED UPON ON A COMPLAINT THE EMPLOYER HAS DONE SOMETHING ILLEGAL, OR DUE TO A PROTECTED CHARACTERISTIC (AGE, DISABILITY, FMLA LEAVE, PREGNANCY, RACE, SEXUAL HARASSMENT)
HOW DOES AN EMPLOYEE KNOW IF THEY HAVE BEEN FIRED?
Employers may be discrete about how they are terminating an employee. Statements such as we will call you when we have work, and then weeks go by may constitute employment terminations. Managers who say the employee is free to apply for a job, or reapply once their pregnancy is over with are providing oral evidence of an employment termination. If the employee is not being given continuous work, there is a long gap between their next assignment, or they have to reapply an employment termination has occurred.
When an employee can sue if they quit is a complicated subject matter. Please read our entire article on suing if you were forced to quit.
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FOR AN EXPERIENCED WRONGFUL TERMINATION LAWYER
WRONGFUL TERMINATION LAWYERS
Wrongful termination lawyers can advise the employee whether they have a strong case, and whether it would be economically efficient to sue. Our wrongful termination lawyers work on a contingency. We are only paid when and if we collect money from the employer. The employee does not have to pay anything up front. Nor is the employee liable to our firm for attorney fees if we are unable to collect from the employer.
We can help if the employee has been fired due to a complaint about something illegal, or they were not given work in a long time. Employees who quit due to intolerable (illegal) working conditions may also have wrongful termination cases. Gripes and complaints amongst non-supervisory coworkers do not bind companies for wrongful termination.
Not all unfair terminations of employment are wrongful terminations. Unless the employee has a contract giving them certain rights it is not illegal to fire an employee for a reason that does not make sense. Firing an employee due to a disability that can be accommodated is illegal. If the employer blew the whistle on their employer and exposed their illegal conduct to a government agency that is wrongful termination. Internal complaints to management about illegal conduct may also expose the employer to wrongful termination if the employee is fired due to their complaint.
Lawyers who sue for wrongful termination must be adept at making factual and logical connections. For example, if three years earlier an employee complained to the health department that their employer was violating a health and safety law, but the manager who fired the employee three years later had no knowledge of the earlier complaint a fact finder and court almost certainly will not find wrongful termination. The employer needs to be on notice of the employee's objection to the illegal practice, or their protected characteristic in order for them to wrongfully terminate an employee due to those reasons.
All too many times we receive telephone calls from employees who suffer from medical problems that may constitute disabilities their employers should accommodate. However, they never told their employer anything about their medical condition let alone facts about the condition that would render it a disability opposed to an unspecified doctor's appointment not necessarily of much importance. The employer needs to be aware of the protected characteristic in order to discriminate against it, or wrongfully terminate an employee due to a protected characteristic.
LOS ANGELES WRONGFUL TERMINATION LAWYERS
Firm founder, Karl Gerber, has represented more than 2,000 wrongfully terminated employees since 1993. He has represented additional employees in another 500 employment disputes including sexual harassment and lawsuits for unpaid wages. He has sued employers in a variety of Los Angeles and California industries. He is familiar with the issues and laws that pertain to wrongful termination. The other lawyers in the firm also have significant, and long term experience representing employees in wrongful termination lawsuits.
If we are not able to represent you in connection with your employment issues, and we do not have a smaller law firm to refer you to, you probably do not have a case. Please let us review your wrongful termination lawsuit. Call (323) 525-1600 for an experienced wrongful termination attorney.
Our wrongful termination law firm has:
- Tried more than 50 wrongful termination lawsuits
- Won many appeals in wrongful termination cases
- Won a seminal appeal on the issue of being forced to quit and suing
- With regularity collected large sums of money for employees who are wrongfully terminated
- Dedicated ourselves to representing employees and nobody else since 1993
Please be realistic about our competition. Very few lawyers have represented employees in wrongful termination lawsuits as long as we have. Few wrongful termination law firms have handled as many wrongful termination lawsuits as our firm. Will the other law firm really file your case, try your case, take the necessary depositions, advance the right costs, and do what must be done to get you the right results?
Anybody can sue for wrongful termination. Our clients bring wrongful termination lawsuits for the right reasons, and receive a quality of representation from an established law firm we do not believe our competitors are capable of replicating.
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Los Angeles County
We have proudly served all of Los Angeles County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Francisco
524 Union St, #400,
San Francisco CA 94133
Additional Sites
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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