Los Angeles Wrongful Termination Lawyer

Employment Law Local Legal Authority — *James DeSimone is a Local Legal Authority with Attorney at Law Magazine*

As an employee, you have various rights that protect you in the workplace. One of these rights protects you from wrongful termination. Unfortunately, not all employers abide by employee rights and have no problem letting an employee go for an unjust reason. At V. James DeSimone Law, our team of Los Angeles wrongful termination attorneys have the skill and experience needed to enforce your rights through a lawsuit if you were fired for an invalid reason. The team at V. James DeSimone Law have dedicated our careers to helping people with their employment law issues.

James DeSimone discusses the Yowan Yang case involving wrongful termination and workplace violence.

What is considered wrongful termination in California?

Both federal and California state laws protect employees from discrimination in the workplace on the basis of one’s gender, race, age, religion, or sexual orientation is unlawful as those identities are considered a protected class.

It is important to note that simply having one or more of these identities does not mean any termination you face is wrongful, but if you are being fired based solely or largely upon your protected class identity, you may have a case for wrongful termination.

Employees are also protected from being terminated as a retaliatory act by their employer after reporting or threatening to report unlawful or unethical conduct that they witness in the workplace.

Wrongful termination occurs when an employee is fired due to:

Age
Race
Gender
Sexuality
Disability

This is a serious problem that requires swift legal action. Not only can taking legal action give you the opportunity to seek justice, but it can also help prevent this from happening to someone else in the future. Our team at V. James DeSimone Law has a commitment to justice and we will do all we can in order to help you recover a settlement in this matter. We help clients in Los Angeles, Orange County, San Bernardino County, and all of Southern California.

What should be included in a wrongful termination settlement agreement?

A wrongful termination settlement agreement outlines what the defendant (the party who is being sued) is offering the plaintiff (the party who is bringing charges against the defendant) in exchange for releasing the right to bring a claim against the employer for wrongful termination.

Employers are often eager to settle due to the high cost of legal fees and the bad publicity which often accompanies public lawsuits, particularly ones which involve the unlawful treatment of employees, such as wrongful termination suits. It can be very appealing to the company to simply pay a lump sum for the problem to essentially dissipate overnight.

Settling may be beneficial to the former employee as well, as it can often be more cost-effective than paying thousands of dollars in legal fees without assurance of what the outcome of a trial may be. However, if you are considering signing a settlement agreement regarding your wrongful termination lawsuit, you should fully understand what should be included in the agreement.

Here are 3 questions your settlement agreement should answer for you:

What is expected of the plaintiff?
The agreement should explicitly outline what the plaintiff – or, in this case, the employee who is taking legal action against their former employer – should and should not do or say regarding their termination. This may include not speaking ill of the company in public, not taking further legal action against the employer, and not taking the company’s clients to the employee’s new company. The plaintiff should understand what she or he is agreeing that she or he may and may not do or say prior to signing the settlement agreement.
What is expected of the defendant?
The settlement document should also explicitly explain what awards or protections the defendant—or, in this case, the employer who is being accused of wrongfully terminating a former employee—should provide to the plaintiff. This should include the total financial compensation, as well as how and when that award will be paid out.
Are there any exceptions to any of the expectations for either party?
If there are any possible exceptions, they should be explicitly stated in the settlement agreement. For example, if the financial settlement the employer has agreed to pay the former employee is largely dependent upon whether or not the former employee distances him or herself from the company, both personally and professionally, it should be outlined in the agreement that the employer has the right to refuse to pay the agreed upon amount if the former employee does not do so.

I’ve been offered a settlement agreement in my wrongful termination lawsuit. Should I accept it?

Unfortunately, there is no one good or right way to answer this question. The specific details of each wrongful termination case may be vastly different, depending on the situation leading up to the termination and the company from which the employee has been terminated.

The best way to protect yourself and your family when you are offered a settlement agreement following termination which you believe to be unlawful is to hire an educated, experienced, and passionate wrongful termination lawyer in Los Angeles, CA who will be able to discuss the details of your case, help you navigate the settlement process, and ensure you are given what you deserve.

Call us at (310) 693-5561 today for your free consultation.

Contact an Experienced Los Angeles Wrongful Termination Attorney Today

Far too often, individuals accept their termination and move on with their lives. This just means that the employer is getting away with an illegal act and they can continue doing this in the future without repercussions. At V. James DeSimone Law, we truly believe that employers should be held fully accountable when they violate the rights of an employee. We utilize 30 years of experience to help guide our clients throughout every step of their case and provide knowledgeable, strong legal counsel. You can trust us to put your best interests at the top of our priorities.

Call our firm today at (310) 693-5561.