Wrongful Termination Lawyer in Woodland Hills
Fighting Illegal Termination After Filing a Workers' Compensation Claim in Southern California
When an employee is wrongfully terminated after filing a workers' compensation claim, it can be a devastating experience. This type of retaliation is illegal and can have serious consequences for the employee's livelihood and financial stability. However, a Woodland Hills workers' compensation lawyer from Rodich Law can provide valuable assistance to those facing this situation.
Let's say a factory worker injures their back while on the job and files a workers' compensation claim to cover their medical expenses and lost wages. Despite being entitled to these benefits, the worker is terminated by their employer shortly after filing the claim. This is a clear case of retaliation, as the worker was fired simply for asserting their legal rights.
In this situation, a workers' compensation lawyer from Rodich Law can help the factory worker fight back against their unjust termination. The lawyer can help the worker file a claim with the appropriate agency or court, ensuring that all necessary documentation is properly completed and submitted. They can also advocate on behalf of the worker to ensure that their rights are protected and that they receive just compensation for any damages or losses incurred as a result of the termination.
Our Woodland Hills Wrongful Termination Lawyers are Ready to Help
At Rodich Law, our workers' compensation attorneys in Woodland Hills understand how difficult it can be to be wrongfully laid off. With over 50 years of combined experience fighting for our clients' rights we have garnered a reputation for being committed, compassionate, and aggressive when approaching each case.
Our primary goal is putting our clients’ interests above all else and getting the best possible results in their case best possible results in their case is our primary goal.
What Qualifies as Wrongful Termination?
California is an at-will employment state. This means most employers can fire an employee at any time, for nearly any reason, and without warning. However, employers cannot fire employees for reasons that violate the law, and not all employees are at-will.
If an employer terminates an employee under the following circumstances, the employee in question has the right to receive damages due to being wrongfully terminated:
- Against the specifications of a written contract
- Because of discrimination issues
- Due to retaliation
- In violation of public policy
Wrongful Termination in Violation of a Contract
Sometimes, employers will guarantee employment for a certain length of time. They may also specify reasons and methods for terminating an employee. If the employee is terminated in violation of such a contract and has not violated any working conditions, they may have a case for wrongful termination.
Importantly, this contract does not need to be written to be considered valid. Implied contracts can also be grounds for wrongful termination.
Wrongful Termination Due to Discrimination
Employers are prohibited from terminating their employees due to discrimination.
California recognizes the following as protected classes in discrimination cases:
- Sexual orientation
- National origin
- Marital status
- Military or veteran status
Employees fired for discriminatory reasons have a right to sue for wrongful termination.
Retaliation and Wrongful Termination
Employees are protected from retaliation in the workplace due to exercising their rights. Employers cannot legally fire employees for reporting wrongful acts in the workplace or utilizing their right to protected leave or worker's compensation.
Some common reasons for retaliatory termination involve employees:
- Reporting sexual harassment or discrimination
- Taking protected leave under the FMLA
- Filing a worker's compensation claim
- Participating in an investigation
- Refusing to violate public policy
How Do You Prove Wrongful Termination?
Proving wrongful termination can be difficult. Our workers' compensation lawyers can help. To start, we suggest the following:
- Gather all documents you have related to your employment. Contracts, emails, written examples that prove harassment or discrimination, etc.
- Write down the details of your termination.
- Were you an at-will employee?
- Were any laws broken? If so, note them down.
- Interview any co-workers who would be willing to give you a statement.
- Speak with an attorney and file your claim as quickly as possible.
Is Wrongful Termination Hard to Prove in California?
Wrongful termination is a complicated legal matter with many technicalities. Our Woodland Hills wrongful termination attorneys understand these types of cases, and while the process is difficult, the end result makes it well worth your time and energy. Contact us to discuss the specifics of your case.
Contact Our Woodland Hills Workers' Compensation Lawyers Today
California has some of the best laws in advocating for employee rights. A workers' compensation lawyer from Rodich Law can be a powerful ally for employees who have been wrongfully terminated after filing a workers' compensation claim. With their knowledge and expertise, our law firm is here to guide you through the entire legal process and fight for your rights as an employee.
Contact our Woodland Hills workers' compensation attorneys if you have been wrongfully terminated after filing a workers' compensation claim today. We are dedicated to helping in your time of need.