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:

  • Firing in violation of federal and state anti-discrimination laws;

  • Firing as a form of sexual harassment;

  • Firing in violation of oral and written employment agreements;

  • Firing in violation of labor laws, including collective bargaining laws; and

  • 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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