Find Out If You Have A Wrongful Termination Claim In Anaheim, California
Not every termination is fair. Just because someone is your boss doesn't mean they can do as they please. So if you've been fired, you'll need to figure out whether your dismissal was lawful.
Here's a quick guide to Wrongful Termination Claims in Anaheim.
When an employer fires a worker or an employee in violation of federal or state employment rules, it is known as wrongful termination or unlawful dismissal. You may have a viable wrongful termination claim if you were fired or threatened to be fired because of your protected qualities, and there are Wrongful Termination Lawyers in Anaheim who can help you collect damages and lost benefits.
Basically, the following reasons for termination are considered illegal:
Fired due to your age, race, color, gender, disability, sexual orientation, or other factors
Terminated in retaliation for reporting illegal activity, discrimination, harassment, or health and food violations.
Fired after or because you took a sick or family leave, served in the military, sat on a jury, or voted.
Your termination violates the agreements in your employment contract.
Who Is Eligible For Wrongful Termination Claims In Anaheim?
For wrongful termination claims in California, the type of employment a claimant works for (or used to work for) is a crucial factor.
If you are a regular employee with a clearly laid out signed contract, you will be eligible to file Wrongful Termination Claims based on the listed reasons mentioned above. The crucial part being the last one on the list—which makes employment contract breaches illegal—so your employer cannot fire you for any reason any time if you've agreed to work with them for a certain amount of time.
In contrast, if you are an At-Will employee in Anaheim, your boss can essentially fire you for whatever reason (even for no reason at all). However, it is still illegal to fire you for any of the other causes listed above.
More On How At-Will Employees Can Be Fired
From the employee's perspective, at-will employment provides an easy, no-strings-attached way to leave a job. It does, however, imply that an employer has the same power to fire an employee. California's at-will employment law does not provide employees with the same level of protection as the rest of the state's labor laws.
The at-will employment system clearly favors employer interests because:
It allows companies to fire an at-will employee for whatever reason they see fit (i.e., for no reason)
Because "cause" has a precise meaning in California employment law, this is critical for employers. "A just and honest cause or rationale, controlled by the employer's good faith."
Employers are relieved of a significant legal burden when terminating at-will employees because they do not have to prove cause.
An employee fired without cause cannot sue the employer for breach of an implied contract because of at-will employment.
While companies can terminate at-will employees for any reason or no reason, they must still obey all anti-discrimination and anti-retaliation laws at the federal, state, and local levels. Employers must also adhere to labor laws by compensating employees for earned overtime, unused vacation time, and other benefits.
Again, just because you are an at-will employee who works at the employer's discretion doesn't mean you don't have the right to sue for unpaid pay, illegal employment practices, and labor law breaches. To get advice on specific Employment Law matters, contact an Anaheim Labor Lawyer.
What Are Some Examples of Exceptions?
As previously noted, California is an at-will state, and some employees' employment rights may be impacted as a result. However, there are a few exceptions to get around the drawbacks of working at-will, such as the following:
Employees who have signed employment contracts that require good reason and/or specific termination procedures.
Employees recruited for a specific amount of time, such as a fixed number of years, cannot be fired unless specified in the contract.
Employees who are covered and protected by collective bargaining agreements that require just cause and due process before dismissal.
Several civil service statutes and/or collective bargaining agreements safeguard employees in the public sector from being fired.
Employees whose employers, through their words and/or actions, violate the presumption of at-will employment.
If you have any questions concerning the legal ramifications of your recent termination, contact an Anaheim Labor Law Attorney for assistance. In the long run, knowing your rights and what you can do about them will make submitting claims and expressing yourself easier.
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