California Wrongful Termination Case On Your Hands?
A Quick Guide To California’s Wrongful Termination Process.
Although most employees in California can be fired for just about any reason, termination is illegal in some circumstances. If the employer in question has breached any federal or state protections, the terminated employee may file a claim for wrongful termination to receive compensation.
Many employees in the state of California think they are not entitled to legal protection against wrongful termination in any situation. However, the truth is that there are some instances of employment terminations that are considered illegal. Thus, it is critical to recognize when termination may be unlawful to safeguard your right.
It is undeniable that most employees in California work on an “at-will” basis. Almost all employees who do not have a labor contract are considered to be at-will employees. This means that, in the majority of circumstances, their employer does not require a reasonable justification to terminate their employment.
There is, however, a noteworthy exception to terminations of at-will employees. Wrongful termination will occur if an employer fires an employee if there is a violation of the state’s statute or public policy. There are several grounds wherein it is against the law for employers in California to discriminate about employment decisions. The Fair Employment and Housing Act are one of the best-known protection laws against wrongful termination in the state. Among these grounds are the employee’s mental or physical impairment or disability, religion or religious practices, pregnancy, gender, age, sexual orientation, or the person’s gender identity, national origin, and political affiliation.
If any of the above factors played a role in the decision to fire the employee, even if just indirectly, the dismissal is illegal under the law. The aggrieved employee may file a lawsuit for wrongful termination in such cases.
Along with the factors mentioned, unlawful termination happens when an employee is fired for exercising their legal rights that are granted by law. Often, this happens when an employee is fired because they took time off for pregnancy or when reporting sexual harassment at work. Furthermore, it is unlawful to fire an employee for reporting to government authorities an employer’s criminal activity or illicit and harmful working circumstances (also referred to as “whistleblowing”).
Employees who have been wrongfully terminated have the right to sue their former employers for monetary damages. Under the California wrongful termination law, aggrieved employees may seek economic costs, such as lost pay and benefits in the past and future. Also, damages for emotional distress may be claimed. Punitive damages may also be awarded if the employer’s conduct is extremely malicious or immoral.
Employees in California may have the right to sue their former employers for wrongful termination. However, the worker bears the burden of proving that the termination was unlawful. Anyone considering legal action for a wrongful termination should retain the services of an experienced lawyer with a thorough understanding of wrongful termination laws to ensure the best chance of a favorable resolution.
FAQs About Wrongful Termination In California
If you take time off work under the Family and Medical Leave Act, your employer is required to let you keep your job position. However, under the terms of this family medical leave law, your employer may designate additional tasks or job duties upon your return while retaining your benefits and salary.
Under California’s wrongful termination laws, reprisal against an employee for taking legally permitted family leave may be illegal. If your employer unlawfully dismissed you for taking an FMLA Act medical leave, then you should discuss your legal options with your attorney.