Updated: Nov 18, 2022
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 wrongful termination lawyers in California 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 it 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 wrongful termination 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 wrongful termination 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.
Contract Breach Could Cause Wrongful Termination
California's at-will legislation does not always cover employees. Contracts between employers and employees 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 A Wrongful Termination Lawyer
Talking to an attorney as soon as your employer fires you is the best safeguard for 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 a prescreened California Wrongful Termination lawyer best fit to handle your claims. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.