An ex-DJ filed a wrongful termination suit against her employer claiming that she was fired because of a stomach tumor, but the trial court dismissed it. She appealed and ultimately won the right to bring the case before a jury.
The tumor required her to miss work for medical procedures and she was ultimately fired when she informed them that she would require more surgeries. Her employer argued that she was not disabled only because she had a stomach tumor and that she never requested medical leave or accommodations.
She will be requesting damages under the California Fair Employment and Housing Act.
Wrongful termination occurs when an employee has been fired for reasons that violate California law. These are adequate grounds for a lawsuit to be filed against the company for the wrongful termination. There are two different types of employees: At-will and contract employees. At-will employees can be fired at any time for “just cause” but there are still limits under employment law.
Unfortunately, wrongful termination occurs far too frequently. In fact, it may occur as a product of discrimination based on:
This type of discrimination is prohibited by law and is appropriate grounds for the employee to bring a wrongful termination suit.
Anyone bringing a wrongful termination suit can expect to get damages for lost wages if they are successful. This is calculated by determining how much you actually lost and will lose in the future because of the termination. Additionally, this may include the loss of any benefits that applied or accrued during your employment.
Furthermore, there may be punitive damages. These may be awarded if the court feels that the company acted in a particularly egregious manner or has shown a pattern of misconduct.
There are many different options that are available to the victims of wrongful termination, but it is important to contact an attorney and determine the best recourse.
If you or a loved on has been the victim of wrongful termination in Los Angeles, California, we invite you to contact the attorneys at Azadian Law Group, PC at 213-229-9031 today. We have years of experience working in employment law and handling wrongful termination cases. We are available to discuss your case and create a plan so that you receive the damages that you are entitled.