A Guide To Wrongful Termination In California
Getting fired for unfair reasons is always a terrible experience. Is the employer's behavior, however, illegal? You should consult with a California Employment Law Attorney. If you are fired, you must determine if the dismissal was considered legal. Not all unfair terminations are illegal, and you may not be able to sue for damages in court.
You might be able to sue in court if you were fired for illegal grounds. Those of you who believe you were wrongly terminated and feel powerless in the face of your employers' actions have options.
Wrongful Termination: What Is It?
Wrongful termination, or unlawful firing, happens when an employer fires an employee without cause or in violation of federal or state employment laws. If you were dismissed or threatened to be fired because of your protected qualities, you might have a wrongful termination claim, and there are Wrongful Termination Lawyers in California who can assist you in recovering damages and lost benefits.
Discrimination for protected qualities can include the following:
If you have been fired or terminated for any of these discriminatory actions, then you might have grounds for a Wrongful Termination Claims in California.
How Can I Tell If I Was Fired Unlawfully in California?
You may not understand that you work "at-will" in California. This means you can be fired for no reason at all or even for no reason at all.
An employer, on the other hand, cannot fire an employee for a discriminatory cause or in retaliation for filing a complaint. While there are legitimate reasons for an employer to remove you, such as layoffs, poor performance, or breaching a corporate policy, your employer may have engaged in wrongful termination if you were fired for illegal reasons.
1. Fired Because Of Discrimination
Several federal regulations make it illegal for an employer to fire you because of your race, color, national origin, pregnancy, disability, religion, citizenship status, or genetic information. Although it may appear that you are entirely protected, these regulations have limitations.
Employers with 15 or more employees are usually covered by these regulations, while employers with at least 20 employees are covered by age discrimination legislation.
The Fair Employment and Housing Law in California protect people from discrimination based on protected qualities. Individuals are also protected from harassment, including sexual harassment, under the California Fair Employment Act. The California Labor Code encourages safe workplaces, including workplace violence prevention.
You may have grounds for discrimination, harassment, or wrongful termination claims in California if you feel you were terminated or fired because of your protected status as a member of a protected class, or if you were harassed or assaulted because of it.
2. Fired As A Form Of Retaliation
It is illegal for an employer in California to dismiss, demote, harass, or retaliate against job candidates or employees for filing a claim or complaining about workplace harassment or discrimination under California and federal statutes.
Furthermore, you cannot be fired as an employee for taking part in any proceeding, such as an investigation or a lawsuit, that is related to any legally protected action. Despite these rules, an employer has the right to retaliate against an employee in certain circumstances.
For example, management may adopt a hostile attitude toward an employee, resulting in an unpleasant working environment. Sexual harassment can include sexually explicit conduct and statements, but it can also be utilized in a retaliatory or aggressive manner. Employees have the right to be respected at work, and they should not be assaulted or harassed while doing their jobs.
3. Other Types Of Wrongful Termination
In most cases, employers are not authorized to fire an employee for the following reasons:
Making a claim for workers' compensation
Making a complaint as a whistleblower
Notifying someone about a potentially risky or hazardous work situation or contacting OSHA to report your employer
Because employment law can be complicated, it's crucial to look over your employee handbook to ensure you're following all of the company's policies and procedures.
If you wish to submit a complaint with your employer, learn about the company's complaint procedures and follow them. Put your criticism in writing, and do so politely. Stress how important your employment is to you and how you just want to work in a harassment-free and safe atmosphere.
That said, contacting a California Employment Law Attorney can help you navigate the complexities of employment law. Not only will your lawyer be able to guide you through the process, but they will also be able to handle your case while you recover from the economic and non-economic losses you've incurred for getting fired.
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