California wrongful termination involves an illegal job termination. The main reasons why employment terminations are illegal include job terminations done because the employee complained about an illegal employment practice, the employee was fired in order to avoid paying the employee wages, was fired due to a protected characteristic.
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Terminations of employment that violate an employment contract may not constitute wrongful termination, but be actionable in court as breach of contract. CLICK HERE TO READ ABOUT JOB TERMINATIONS THAT CONSTITUTE BREACHES OF CONTRACT.
Wrongfully terminated employees need a wrongful termination lawyer if they have damages as a result of the employment termination. Major wrongful termination damages include lost wages and severe emotional distress as a result of an unlawful termination of employment.
Wrongful termination damages for lost wages are based upon how long it takes the employee to find another job; presuming they are making an adequate effort to find work. Damages include the period of time the employee is not employed, after being fired. The period of time the employee is under-employed such as at a lower wage, or loss hours is also a damage period. Lost benefits for health insurance, life insurance, pensions, 401ks, and bonuses are also typical damages in wrongful termination.
Emotional distress damages due to wrongful termination are compensable. Often, employees suffer emotional distress due to the trauma of being wrongfully fired from their job. The loss of one’s job can lead to depression, and financial anxiety. Feelings about a lack of self-worth often develop. A terminated employee’s relationships with others often suffer.
When workers lose their jobs they often have to move. The amount of money it costs to move, damages due to an eviction, or loses in home equity due to a move are recoverable damages for wrongful termination.
The costs of reemployment are also damages for wrongful termination. Costs associated with job interviews, fees paid to head hunters, and resume preparation fees are damages in wrongful termination.
If a wrongful termination case is won, the wrongfully terminated employee no longer has to walk around with the stigma of being fired for something the employer claimed was legitimate. If the wrongful termination lawsuit does not go to trial, but settles, it may be possible to negotiate a neutral employment reference or even a positive job reference from the employer who wrongfully fired the employee. Clearing one’s name is a top reason why employees bring wrongful termination lawsuits.
Karl Gerber is the head wrongful termination lawyer at the Employment Lawyers Group. He has represented more than 1,540 employees in wrongful termination lawsuits since 1993. CLICK HERE TO READ KARL GERBER’S PROFESSIONAL BIOGRAPHY.
All of the associate attorneys at the Employment Lawyers Group exclusively represent employees. They are all long term employees of the firm. Unlike our competitors who use contract attorneys, friends, part-time lawyers, or associate in with lawyers who operate their own firms, all attorneys who work on our employee lawsuits are employees of the firm. Our wrongful termination attorneys work out of our office, along with our paid support staff. Many of our competitors do not have support staff, a normal office, and have their lawyers working out of their homes and apartments.
We have practiced employment law in Los Angeles for many decades. Our familiarity with the types of industries our clients work at, who might defend the lawsuit, and which judges or arbitrators might be assigned to the case are invaluable. Besides merely practicing employee labor law in Los Angeles we have offices throughout California.
Los Angeles Wrongful Termination cases often settle through mediation. Our employment attorneys know which Los Angeles mediators, and which Los Angeles mediation organizations are best suited for the wrongful termination at issue.