F EATURE
WRITTEN BY DAVID OLAN
Employment Matters
As an employment lawyer who represents individuals in wrongful termination cases, I get calls all the time from people wanting to know if they have a case against their former employer because they were fired.
• Discrimination because of race, gender, age, pregnancy, disability, sexual orientation, religion, or national origin. • You were fired after complaining about discrimination, sexual harassment, or overtime. • Your employer is retaliating for your whistle blowing (filing a complaint against your employer for breaking the law). • You were fired for taking time off for military service. • You were fired for having a long-term illness or because you took time off when your child was ill. • You were fired for reporting or refusing to perform in an unsafe, unhealthy or illegal work environment (such as not being allowed meals and rest breaks). • You refused to break the law at your employer’s request. This includes reporting fraud to a governmental agency by your employer. • You helped organize a union. • Your treatment at work was so harmful that you sustained serious emotional injuries.
DON’T LET A BAD BOSS INTIMIDATE YOU
If you were fired for one of the reasons above, it is doubtful that the company is going to come out and tell you so. They will attempt to make your firing or lay-off sound as legitimate as possible. Your supervisor might even convince other employees or supervisors to make complaints about you. Maybe, after a long history of positive evaluations, you suddenly get a written notice of warning. PROTECT YOURSELF
If you do not have an employment contract, California is considered an “at-will” state. This means that just as you can quit your job at any time, your employer can terminate your employment at any time. Your employer does not have to have a reason to fire you. He does not have to be “fair.” He can even
fire you for a reason that isn’t true. All of these actions are legal. EXCEPTIONS TO THE RULE
Yet even as an “at-will employee,” there are certain reasons you may be fired which are considered wrongful termination. Some of the most common illegal firings or lay-offs include:
If you think you are being set-up for a wrongful termination, begin keeping a written record of the events surrounding your firing. Keep track – in writing – of dates, locations, and names of those involved in performance reviews, off-hand comments, commendations and reprimands about your work. Keep these notes in a safe place. And not at work! You’ll also want to make a written complaint to your supervisor or to the company’s human resources department. KNOW YOUR LEGAL OPTIONS
If you think you have been wrongfully terminated, contact a wrongful termination attorney as soon as possible. The truth of the matter is that employment law is complicated. It is doubtful that you will really know if you have a wrongful termination case until you speak to an employment lawyer. That is why I offer a free, no-obligation consultation. This allows you to know your legal options in order to make an informed decision about how you want to proceed.
DAVID OLAN is a leading Los Angeles trial lawyer representing people who have suffered serious personal injuries or who have lost a loved one to a wrongful death. David also represents individuals in wrongful termination and breach of contract cases. For a free, no-obligation consultation, contact David Olan at 310-566-0010 or at david@olanlaw.com, or visit www.olanlaw.com.
20 MC APRIL.MAY 2014
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