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Wrongful Discharge or Termination
Most employment relationships are considered
“at-will”, where either party can terminate the
employment at any time for any reason whatsoever.
However, “at-will” employment only applies in the
absence of an employment contract. If the parties
have a contract, the terms of the contract apply. A
contract can be formed in a variety of ways. The
parties may have oral discussions that include
promises to perform, or representations may be made
during training or in policy manuals. Additionally,
even if employment is considered “at-will,” a person
may not be terminated in violation of state or
federal employment law.
If you have been laid off or fired recently, and
believe that you may have lost your job for an
unlawful reason you may have a right to bring a
claim for wrongful termination against your former
employer. Legal remedies that may be available to
you include money damages and, if you haven't been
officially released yet, negotiation for an
appropriate severance package that includes adequate
compensation.
The term "wrongful termination" means that an
employer has fired or laid off an employee for
illegal reasons in the eyes of the law. Illegal
reasons for termination include:
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Firing in violation of federal and state
anti-discrimination laws;
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Firing as a form of sexual harassment;
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Firing in violation of oral and written
employment agreements;
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Firing in violation of labor laws, including
collective bargaining laws; and
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Firing in retaliation for the employee's
having filed a complaint or claim against the
employer.
Some of these violations carry statutory
penalties, while others will result in the
employer's payment of damages based on the
terminated employee's lost wages and other expenses.
Certain wrongful termination cases may raise the
possibility that the employer pay punitive damages
to the terminated employee, while other cases may
carry the prospect of holding more than one
wrongdoer responsible for damages.
At PHEIL LAW FIRM, we represent individuals
wrongfully discharged in violation of an employment
contract. We represent employees from Los Angeles,
Orange, Riverside, San Bernardino, and San Diego
counties. Contact us for an initial consultation.
Protecting Your Wage & Overtime Claims Under
California Law
Wage and overtime claims are governed by state and
federal laws. Not surprisingly, California law
provides more protection and gives greater rights
and benefits to employees than federal law. For
example, California has a higher minimum wage than
the federal law.
We can determine whether you have a valid claim and
whether you should pursue recovery. If you have a
dispute over payment of wages or overtime in
California, you need to contact PHEIL LAW FIRM
in Los Angeles, California. We represent employees
in Los Angeles, Orange, Riverside, San Bernardino,
San Diego, Ventura, Santa Barbara, Kern and Fresno
counties.
Many of the wage and hour laws do not apply to all
employees, exempting workers in management
positions. However, the mere classification of a
person as a manager or assistant manager does not
automatically exempt them from wage and hour
requirements. The law looks beyond a person’s job
title, examining instead the duties that they
perform. An employee may be exempt under the
statutes, even though they are identified as
management and are paid a salary.
The lawyers at PHEIL LAW FIRM will advise you
whether you qualify for relief under the appropriate
statutes. If you have concerns about whether you are
entitled to overtime or additional pay for hours
worked.
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