The cost of living in the Greater Los Angeles area is relatively high. While it may be a more affordable area than other cities in California, most professionals need ongoing income to afford basic necessities.
The sudden loss of a job can cause significant emotional turmoil for the person terminated. They may experience financial hardship that can rapidly snowball out of control. Workers may sometimes think that their employers have violated their rights with a wrongful termination.
Both direct terminations targeting specific employees and widespread layoffs may be considered wrongful termination. What factors make a termination potentially wrongful?
Employers consider things they shouldn’t
California has at-will employment statutes. Either party in an employment arrangement can end the relationship with no notice or justification. Workers can walk out in the middle of a shift or simply stop showing up without consequences. Employers can terminate workers at the end of the day on Friday without any financial risks.
Those severing employment relationships typically do not have to provide a reason due to at-will employment laws. However, the reason for the termination must be lawful. In cases where workers can credibly claim that companies considered inappropriate details when choosing to fire them, the workers may have grounds for a wrongful termination lawsuit.
Some claims of wrongful termination relate to discrimination. Sometimes workers believe that employers considered their protected characteristics, such as their race or religion, when deciding whether they should keep their job or not. If the company referenced protected characteristics previously or during the termination meeting, that could be an indicator that the worker did not receive fair treatment from the company.
Other times, claims of wrongful termination relate to retaliation or inappropriate punishment. Just as employers cannot consider protected characteristics when deciding who to hire, fire or promote, they also cannot consider protected activities.
Workers have a right to request unpaid leave if their circumstances justify such requests. They have a right to organize with one another, report harassment and speak up about unsafe working conditions. If employers fire workers for discussing their wages, expressing concerns about regulatory violations or pushing back on abusive conduct, the decision to fire the worker might be a form of illegal retaliation.
Workers who can prove in civil court that companies fired them based on protected characteristics or their participation in protected workplace activities may be able to file a wrongful termination lawsuit. Successful wrongful termination lawsuits may lead to financial compensation or to the courts reinstating a worker to their previous position. Employees may need help evaluating their situation to determine if they have grounds to take legal action.
