HAVE YOU BEEN FIRED FROM YOUR WORK?
No mater where you work, you deserve to be treated fairly. Employers must make sure follow health and safety standards, Labor Codes, California Fair Employment and Housing Act (FEHA), Title VII, Age Discrimination in Employment Act of 1967 (ADEA), American with Disability Act (ADA) or similar federal laws. In your case, Mostafavi Law Group can determine whether a claim is meritorious or frivolous. We should know whether the reasons for termination were permissible, non-permissible; and we would be able to determine whether a termination was wrongful or not.
ARE YOU AN AT WILL-EMPLOYEE?
In California, generally, an employment, with no specified term for more than one month, may be terminated at the will of either employer or employee with notice to the other. However, California courts recognize a narrow exception, which requires an employer not to discharge an at-will employee in violation of anti-discriminatory statutes or against public policies.
WAS YOUR TERMINATION AGAINST PUBLIC POLICY?
Under this exception, while an at-will employee may be terminated for no reason regardless whether the employee was doing a good job, or for an arbitrary, irrational or even unfair reason, there can be no right to terminate an employee for an unlawful reason or a purpose that contravenes a fundamental public policy.
An employee could bring a claim for wrongful discharge in violation of public policy if the discharge, demotion, failure to promote, or other adverse employment actions against him/her was because of his/her protected activity or refusal to commit unlawful acts. Further, it would be against the public policy if this discharge implicates local, state, federal statutes, regulations, or constitutional provisions.
DID YOUR EMPLOYER RETALIATE AGAINST YOU?
Additionally, retaliation against the employee, who complains about what he/she reasonably perceives as a violation of the law, like late or non-payment of wages, failure to pay overtime, filing a workers’ compensation claim, or workplace safety issues, is also against public policy and the employer could be found liable in a claim for wrongful discharge.
WE CAN HELP
Whether you are an at-will employee, or under employment contract, whether you are misclassified as an independent contractor or as an exempt employee, if you feel that you’re a victim of wrongful termination, you should contact an employment attorney immediately to protect your legal rights under both State and Federal laws.
The employment law matters are often complex and fact specific. At Mostafavi Law Group, APC, we treat your situation uniquely, and will tailor our representation to your situation and needs with commitment and zealous advocacy to maximize the recovery for you.
TAKE AN ACTION TODAY TO PROTECT YOUR RIGHTS
Contact us today by calling (310)473-1111, send us a fax at (310)473-2222 or email us at firstname.lastname@example.org. We are here to help.