While layoffs are often legal and based on legitimate business needs, they do not give employers a free pass to violate employees’ rights. If you believe your termination during a layoff was discriminatory, retaliatory, or otherwise unlawful, you may have grounds for a wrongful termination claim. Contact our experienced wrongful termination lawyers in Los Angeles for a free consultation.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of their legal rights or contractual terms. Common grounds for wrongful termination include:
- Discrimination: Termination based on protected characteristics, such as race, gender, age, religion, disability, or national origin.
- Retaliation: Firing an employee in retaliation for reporting illegal activities, discrimination, harassment, or workplace safety violations.
- Violation of Public Policy: Termination for reasons that violate public policy, such as refusing to engage in illegal activities or taking legally protected leave.
- Breach of Contract: Employees with written employment contracts may have specific terms regarding termination or layoffs. If an employer violates these terms by laying off the employee without cause or notice, it could lead to a breach of contract claim.
Even during layoffs, terminations cannot be discriminatory, retaliatory, or otherwise unlawful. Contact a Los Angeles discrimination lawyer to review your case today.
Layoffs vs. Wrongful Termination
Layoffs are typically characterized as terminations due to business-related reasons, such as:
- Financial difficulties
- Company restructuring
- Mergers or acquisitions
- Downsizing or elimination of roles
In these cases, layoffs are legal if they are conducted in a non-discriminatory and fair manner. However, the following scenarios could indicate a wrongful termination during layoffs:
Discrimination
- Older employees disproportionately affected by layoffs could point to age discrimination.
- Women or minority employees are targeted for layoffs.
Retaliation
- If an employee is included in a layoff as retaliation for reporting harassment.
Breach of Employment Contracts
- Termination that violates the terms of an employment contract, such as firing an employee without proper notice when the contract requires it.
Violation of Worker Adjustment and Retraining Notification (WARN) Act
Under the federal WARN Act and California’s state-specific version, employers with 100 or more employees must provide 60 days’ advance notice of mass layoffs affecting 50 or more workers at a single site. Failure to comply with these notice requirements could result in legal action.
Proving Wrongful Termination During Layoffs
To successfully claim wrongful termination during layoffs, you must provide evidence that your termination was illegal. This may include:
- Discriminatory Patterns: Evidence that a specific group of employees were disproportionately affected by the layoffs.
- Retaliatory Motive: Proof that you were laid off shortly after engaging in protected activities, such as reporting workplace violations.
- Employer Statements: Verbal or written statements from supervisors that indicate discriminatory or retaliatory motives.
- Violation of Procedures: Evidence that the employer did not follow proper layoff procedures.
Steps to Take If You Suspect Wrongful Termination After a Layoff
If you believe your layoff was unlawful, take the following steps:
Review Employment Documents
Check your employment contract, offer letter, or handbook for policies on termination, notice, or severance.
Request an Explanation
Ask your employer for a written reason for your layoff to determine if it was based on legitimate business reasons.
Gather Evidence
Collect emails, performance reviews, or other records that support your claim, and document any discriminatory or retaliatory actions.
Consult an Employment Attorney
A Los Angeles wrongful termination attorney can assess your case, explain your rights, and help you file claims with agencies like the EEOC or California Civil Rights Department.
File a Claim or Lawsuit
If valid, your attorney can help you seek damages, including lost wages, benefits, and emotional distress, or negotiate a settlement.