Encino Wrongful Termination Lawyer
When Does an Employee Need an Encino Wrongful Termination Attorney?
In California, wrongful termination occurs when an employer fires an employee for an illegal reason. If an employee was terminated because they were the victim of discrimination or because they engaged in legally protected behavior, such as reporting discrimination or unlawful conduct, their rights have been violated and they can pursue a legal claim against their employer for compensation.
An employee should seek a wrongful termination lawyer when their employment has been terminated in violation of California law. Examples of wrongful termination in violation of California law include an employee being terminated in violation of California's antidiscrimination rules, as stated in the Fair Employment and Housing Act (FEHA), suffering retaliation for reporting unlawful or unsafe conduct, being fired due to their pregnancy, or being fired in violation of an employment contract.
A California employee who has been wrongfully terminated may be eligible to recover several types of damages, including economic damages, emotional distress, punitive damages, attorney's fees, and legal costs.
Why Choose Malatesta Law Over Other Labor Relations Lawyers in Encino?
At Malatesta Law, firm founder and lead attorney Andrew Malatesta graduated from UCLA School of Law and is highly experienced in employment law. In fact, Andrew Malatesta only practices employment law and only represents California employees. This means that Malatesta Law's clients are represented by an attorney who does one thing and one thing only—represents California employees with employment law claims. As such, Andrew Malatesta provides highly skilled representation to his clients.
- Malatesta Law offers free consultations.
- Malatesta Law provides personalized service—employees will always deal exclusively with firm founder Andrew Malatesta!
- Andrew Malatesta has years of experience representing California employees and is extremely knowledgeable in state and federal employment law.
- Andrew Malatesta has obtained millions of dollars for California employees in his career—he knows how to get employees the compensation they deserve.
- Malatesta Law works on a contingency fee basis—this means Malatesta Law won't be paid even a penny until its client receives recovery in their case.
Malatesta Law | Wrongful Termination Law Firm in Encino
At Malatesta Law, Andrew Malatesta obtains justice for employees who were wronged by their employers. As an experienced Encino wrongful termination attorney, Andrew will personally handle every aspect of an employee's case.
Call Malatesta Law at (424) 284-1384 to learn more about Andrew Malatesta's experience handling wrongful termination cases in California.
How to Know if an Employee Has a Wrongful Termination Case
If an employee has been fired for a reason that violates California law, they may have a case. For example, FEHA protects workers from discrimination based on various characteristics, including physical disability, mental disability, sex, race, pregnancy, age, sexual orientation, and religion. If an employee suspects they've been terminated for one of these reasons, they may have a case.
Moreover, California Labor Code Section 1102.5 prohibits employers from retaliating against employees who report or refuse to participate in conduct that violates state or federal law. In sum, an employee may have a whistleblower retaliation case if they "blew the whistle" on unlawful conduct at their employer and were terminated for it.
When a terminated employee meets with Andrew Malatesta, he'll assess their situation and consider whether their termination violated any federal or state employment laws. Then, if he takes on the case, he'll advise the employee on the best strategy for moving forward and will work tirelessly to ensure they obtain the damages they deserve.
When Is It Illegal to Fire Someone in California?
California operates under at-will employment laws that allow either an employer or employee to terminate their employment relationship at any time. As long as the employer isn't violating the law, i.e., terminating an employee for an illegal reason, an employer is legally allowed to terminate an employee at any time, and an employer is not required to even give an employee notice prior to terminating an employee's employment. However, in the case of wrongful terminations, an employee is fired as a result of an employer's violation of state or federal laws, constituting unlawful conduct for which an employee has a viable legal claim against their employer.
For an employee to file a successful Encino wrongful termination claim or lawsuit, they must identify the law that was broken and prove that their employer's unlawful behavior was the reason they were fired. Andrew Malatesta can help with this.
Discrimination Based on an Employee's Protected Characteristics
California makes it unlawful for an employer to terminate an employee because of protected characteristics. Protected characteristics under California law include discrimination based on an employee's race, sex, gender, sexual orientation, medical condition, physical or mental disability, age, marital status, religion, or some other protected characteristic. For example, it is unlawful for a California employee to be terminated because they are a woman, they are pregnant, they are gay, they are Muslim, or they are African American. Evidence of unlawful discrimination may include inappropriate comments, unequal treatment, or a pattern of behavior that demonstrates bias.
Retaliation for Reporting Discrimination or Harassment
Retaliation for reporting discrimination or harassment occurs when a worker is terminated for reporting any conduct they believe constitutes unlawful discrimination or harassment. For example, if a female employee reports they are being sexually harassed and is subsequently terminated, this could constitute unlawful retaliation. Similarly, if an older employee believes he is being treated differently than younger employees and reports this discrimination and is thereafter terminated, this could constitute unlawful retaliation.
Retaliation for Taking Protected Leave
Retaliation for taking protected leave occurs when an individual takes leave they are entitled to under the California Family Right Act (CFRA) or the Family and Medical Leave Act (FMLA). This leave could be taken for their own serious health condition or a family member's serious health condition.
CFRA is a California state law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave because of their own serious health condition or that of a family member, or because of the birth of a child.
FMLA is a federal law that provides similar protections to employees. If an employee is terminated because they request to take a protected leave and/or because they take a leave they are lawfully entitled to take, this would constitute unlawful retaliation for which an employee would have a lawful claim against their employer for which they would be entitled to damages.
Retaliation for Whistleblowing
Whistleblower retaliation occurs when an employee is terminated because they complain about unlawful conduct or unsafe conditions. A whistleblower is any individual who reports or refuses to participate in any conduct they believe is unlawful or unsafe. California Labor Code sections 1102.5 and 6310 apply to whistleblower claims in California.
Retaliation for Requesting Reasonable Accommodations
FEHA and the Americans with Disabilities Act (ADA) require California employers to provide reasonable accommodations to employees with physical or mental disabilities as long as it doesn't impose an undue hardship on the employer. Wrongful termination occurs when an employer terminates an employee instead of providing a reasonable accommodation requested by the employee when it was legally required to do so.
Retaliation for Complaints About Wage Law Violation
An employee cannot be terminated for asserting their right to be paid correctly, to receive overtime pay, or to receive meal and rest breaks. For example, if an employee worked overtime but was not paid overtime wages, i.e., at least one and one-half times their regular rate or pay, and they reported this to their employer and was thereafter terminated, this would constitute unlawful conduct for which the employee would have a legal claim.
Pregnancy Discrimination
Pregnancy discrimination occurs when an employee is fired for being pregnant or for taking pregnancy leave.
Constructive Discharge
Constructive discharge occurs when an employer forces an employee to quit by taking deliberate actions to create an intolerable work environment. For an employee to prove constructive discharge, they must prove that their working conditions were objectively intolerable.
Types of Compensation an Employee Can Receive in a Wrongful Termination Case
When Andrew Malatesta files a claim for wrongful termination, it includes the following types of damages:
- Economic damages compensate an employee for the financial losses they have suffered and will suffer due to the wrongful termination of their employment. Economic damages are quantifiable damages that include both past and future lost wages. In addition, lost wages can include monetary compensation for lost health benefits and lost retirement benefits.
- Emotional distress refers to non-economic damages an employee has suffered, and they specifically compensate for the mental and emotional suffering an employee has experienced as a result of their wrongful termination. Emotional distress constitutes anxiety, grief, worry, fear, anger, and frustration, and such damages seek to compensate an employee for the impact on their life caused by their employer's unlawful conduct. Medical records, therapist notes, or personal journals can serve as evidence for these damages, as well as the accounts of witnesses such as friends and family who can testify about changes in an employee's behavior or demeanor.
- Punitive damages are intended to punish the employer for their unlawful conduct and discourage employers from engaging in similar behavior. To obtain punitive damages, an employee must show evidence that the employer acted with intentional malice or fraud.
- Attorney fees and legal costs may be recovered if they were incurred to prosecute an employee's wrongful termination claim. In addition, the employee may be able to recover the costs they incurred while pursuing their employment law claim.
Benefits of Hiring an Encino Wrongful Termination Lawyer
Malatesta Law will do whatever it takes to prosecute your case. More specifically, Andrew Malatesta will start by drafting a complaint detailing the claims of the employee, which is then filed with the appropriate court. This will initiate formal litigation for a California employee. After filing, the complaint must be served to the employee's former employer, notifying them of the legal action. The employer will then have a set period to respond by filing an answer to the complaint.
Discovery is the next stage of litigation. This stage involves Andrew Malatesta demanding information from the employer to obtain evidence for trial. Forms of discovery include written discovery and depositions, where an employer and its employees must answer questions under oath.
Interrogatories are a set of written questions that the opposing party must answer under oath. Requests for production involve asking the other party to provide documents or evidence relevant to the case. Finally, requests for admission are statements that the other party must either admit or deny, helping Andrew Malatesta establish facts.
California Statute of Limitations for Wrongful Termination Claims
In California, the statute of limitations sets the time frame for filing a legal claim for wrongful termination. These time limits vary depending on the nature of the claim. Employees filing discrimination claims have three years from the date of the discriminatory act. To file a whistleblower claim (e.g., retaliation for reporting violations of law), an employee generally has three years from the date of the retaliatory act.
Schedule your free consultation with Malatesta Law to get started on filing your case | (424) 284-1384
Malatesta Law's Process in a Wrongful Termination Case
If an employee was a victim of wrongful termination in Encino, Malatesta Law will pursue justice on their behalf. Depending on the unique circumstances of their case, the process may include the following steps:
- Free consultation
- Investigating the incident
- Filing a complaint
- Vigorously litigating the employee's case
- Preparing the case for trial
- Negotiating a settlement
- Taking the employer to trial
An Employee's Free Consultation
A free consultation helps an employee understand their rights as a California employee, and it also allows Andrew Malatesta to understand what occurred to the employee during their employment. Andrew Malatesta is always willing to talk to any California employee about their employment situation.
Proving a Wrongful Termination Case
A wrongful termination case requires that an employee demonstrate that an employer acted unlawfully when terminating their employment.
Understanding the Burden of Proof
The burden of proof is a legal principle that dictates who must prove the allegations and to what extent the employee carries the burden of proof. This means the employee must prove to the jury that their termination was unlawful. Proof involves presenting credible evidence that supports the employee's claims of illegal activity by their employer.
The standard of proof in civil cases like a wrongful termination case is the preponderance of the evidence—meaning the evidence must show that it's more likely than not that an employee's termination was in violation of California Law.
Defense Tactics Used by Employers to Dispute Fault
In Encino wrongful termination cases, employers often employ various defense tactics to dispute claims. Andrew Malatesta anticipates these defenses and can fortify an employee's case by addressing potential employer defenses and reinforcing the strength of an employee's claims.
Common defenses used by employers include asserting a legitimate, non-discriminatory reason for termination, such as poor performance or company restructuring. Employers might also argue that the employee failed to meet job expectations or violated company policies. They may also attempt to undermine the credibility of the employee's evidence or witnesses. However, Andrew Malatesta is versed in these tactics and will be able to counter such strategies.
What Clients Have to Say About Malatesta Law
"He Did an Incredible Job" - Luis Caballero (5-Star Google Review)
It was an honor working with Andrew. He did an incredible job. He always answered my calls and listened to all my concerns. And he always kept me well informed throughout the whole process. I will definitely recommend him to my friends and family! Thanks, Andrew!
"Very Knowledgeable, Honest, and Thorough" - L M (5-Star Google Review)
Andrew is amazing! I had a great experience with him as my attorney. He is very knowledgeable, honest, and thorough. Before even taking my case, Andrew was kind enough to take my numerous calls, answer all my questions, and explain the pros/cons of my situation. I highly recommend Andrew to anyone needing a professional and knowledgeable employment attorney.
"Andrew Is Exceptional […] Extremely Knowledgeable in Employment Law" - Mark (5-Star Google Review)
Andrew is exceptional! He is not only extremely knowledgeable in employment law but also easy to speak with and always available to take my calls. I highly recommend him for his […] responsiveness.
Types of Employment Law Claims Malatesta Law Handles
Employees Should Call Malatesta Law Today if They Suspect They Have a Case
If an employee believes they've been wrongfully terminated, they should contact an Encino employment law lawyer at Malatesta Law as soon as possible. Andrew Malatesta can help them fight back against their employer and obtain the damages to which they may be entitled.
Malatesta Law offers 100% free consultations, and employees will speak directly with Andrew Malatesta about the details of their wrongful termination. Call Malatesta Law as soon as possible at (424) 284-1384.
Frequently Asked Questions
What is a wrongful termination case in California?
Wrongful termination occurs when an employee is fired for a reason that is illegal in California. This can include being fired because of an employee's protected characteristic (i.e., because of the employee's race, sex, gender, age, disability, sexual orientation, or pregnancy), because an employee reported discrimination or harassment, because an employee sought to take a leave they were entitled to under California law, or because an employee reported unlawful or unsafe conduct.
When should an employee contact a wrongful termination lawyer?
If an employee has any reason to believe that they were wrongfully terminated, they should contact Malatesta Law right away at (424) 284-1384.
How does an employee know if they have a valid wrongful termination case?
If an employee suspects that their employer violated state or federal employment laws, they could have a wrongful termination case against their employer. However, they won't know for sure until they speak with an experienced Encino wrongful termination lawyer. Andrew Malatesta is here to help.
What damages can an employee receive in a wrongful termination case in California?
An employee may be eligible to receive back pay for wages and benefits they would have earned, front pay to cover loss of earnings until they attain a similar position, and damages for emotional distress. Additionally, punitive damages may be available in cases involving egregious behavior.