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California Employers' Actions that Could Result in Wrongful Termination

By Edited May 2, 2016 0 0

Wrongful termination is among the most critical and common problems that Los Angeles employees may face. Although there are laws that prohibit employers from unlawfully terminating an employee, wrongful dismissal remain an issue in the Los Angeles labor sector.

Los Angeles employers must remember that even if their employees are on “at-will” agreement, they cannot terminate them just because they want to. Under employment laws, there are certain factors that should not result in the termination of an employee. These factors include:

Employment discrimination – An employee cannot be terminated as a form of discrimination. Employers are prohibited from dismissing an employee only because of his or her age (for employee aged 40 and above), disability, sex, color, race, national origin, ancestry, religious practice, and gender.

Sexual harassment – Employers are not allowed to terminate an employee if he or she refuses to give a sexual favor. Termination as a form of sexual harassment is against the law.

Retaliation – Employees who file a complaint about their employers who violate certain laws with particular government agencies are protected by whistle-blowing laws. Hence, employers cannot terminate them based on their filing of a complaint.

Family Medical Leave Act (FMLA) – Under FMLA, certain employees are entitled to 12 weeks of unpaid leaves for medical or family reasons. Employees entitled to FMLA should not be terminated based on their proper usage of their leave benefits.

Additionally, Los Angeles employees who were terminated wrongfully should remember certain points to effectively file a lawsuit against their employer. The following are some of the reminders that would-be wrongful termination claimants must consider:

Time limit in filing charges with the Equal Employment Opportunity Commission (EEOC) – Los Angeles workers who were terminated due to employment discrimination can file a charge with the EEOC. However, would-be claimants must remember that the complaint must be filed within 180 days after the alleged wrongful dismissal.

Wage and Hour Division – Wrongfully-terminated employees may file a formal complaint with the Wage and Hour Division of the US Department of Labor (DOL). Claimants must file their charge no later than two years from the alleged wrongful termination incident.

Private lawsuit – Employees who believe that they were wronged in their termination may file a lawsuit against their employer even without the aid of a government agency. Workers planning to file a private lawsuit should be represented by an expert Los Angeles wrongful termination attorney to improve their chances of winning their case.



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