What You Need To Know About California Wrongful Termination
Updated: 6 days ago
Crucial Considerations In California Wrongful Termination Claims
Employment law claims are dependent on the state. Hence, specific labor laws affect your rights and legal options in California. So, here are the most essential elements of employment law that our prescreened Employment Attorney in Los Angeles work with.
California is an "At-Will" State
Employment rules in California are "at-will." Basically, employers can fire an employee at any time, for nearly any reason or no reason at all.
However, this still does not mean that an employer can terminate someone for discrimination, harassment, or retaliation. It is most likely wrongful termination if the termination violates the employee's civil or employment rights.
So, even if you're an at-will employee, you might still have enough grounds to hire the best Employment Attorney in Los Angeles to help you.
You Must Work for Someone
To file a wrongful termination claim in California, you must be an employee, not an independent contractor, in your place of business. This is because you work for yourself as an independent contractor, not an employee or a customer.
Most of the time, the law considers someone to be an employee if they work under the direction and control of an employer. However, an employer may misclassify employees as independent contractors to avoid liability.
If you believe this happened to you at work, you may still be able to sue your employer with the assistance of a Los Angeles Employment Attorney.
Employers Cannot Fire You For Illegal Reasons
Despite the flexibility of California's at-will employment regulations, some instances where firing an employee is illegal.
This includes terminating someone because of their race, gender, sex, disability, religion, or political affiliation, among other protected classes. Wrongful termination includes:
Firing a worker for seeking time off.
Taking medical leave.
Taking leave under the federal Family and Medical Leave Act.
In California, firing someone for reporting a law violation or for reasons against public policy is also considered wrongful termination.
Wrongful Termination Could Be Caused By Contract Breach
Employees are not always covered by California's at-will legislation. There exist contracts between employers and employees that may limit the employer's authority to fire a worker at any time.
Employees might be able to claim wrongful termination in these situations if the employer had no reason to fire them. Contractual employees can be fired for various reasons, including willful breach of contract, frequent neglect of employment obligations, or inability to perform duties. State laws recognize both verbal and written contracts.
You Have The Right To Consult With An Employment Lawyer in Los Angeles
Talking to an attorney as soon as your employer fires you is the best approach to safeguard your rights. Losing your employment can have long-term effects on your personal and professional lives.
Let Our California Wrongful Termination Attorneys Help You
Losing your job is stressful, and it's even worse if you were fired for no good reason. Because California employment law lets employers end working relationships at will, without notice, without reason, and without a hearing where the employee can try to change the decision, wrongful termination cases often involve complicated legal issues.
1000Attorneys.com is a California Bar Association Certified Lawyer Referral Service that can refer you to an attorney best fit for your case. You can complete our submission form or reach us through our 24/7 live chat for a free initial consultation.
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