Updated: Nov 24
What You Need To Know About California Employment Law And Wrongful Termination Claims
Although most workers in California may be terminated at will (for any reason), in some instances, termination is unlawful. In such cases, a fired worker might also sue for wrongful termination.
Many employees in California have the wrong belief that they have no legal protection from being fired in all instances. However, the truth is that in some cases, employment termination in the state of California is against the law.
As a result, it is essential to understand when it is illegal to be fired from your job and what to do to protect your employee's rights.
So, let's talk about how it's done, as a Wrongful Termination Attorney in Los Angeles often handles them.
Wrongful Termination in Los Angeles County
Many workers in California are indeed employed with an “at-will” employment agreement; this means your employer can fire you for any legal reason. For example, if you are always late, do not perform your job the way you are supposed to, or if you prevent other employees to perform their job duties.
In general, employees in California who do not meet the requirements set forth by their employer may be fired at any time and for any "legal" reason.
However, there're many exceptions to at-will employment in the state of California. A wrongful termination occurs if the company violates a statute or public policy by terminating a worker.
Under the California Fair Employment and Housing Act, one of the nation’s most powerful protections against wrongful termination, it is unlawful for employers to discriminate against employees based on:
Mental or physical disability
Religion or religious practices
Pregnancy or maternity leave
Sexual orientation or gender identity
If the selection to terminate the employee became motivated through any of those factors, even if best partially, the termination is illegal under the law. In such instances, the wronged worker may file a wrongful termination case.
Similarly, if there were many reasons for the termination, wrongful termination may additionally occur if any unlawful motive turned into greater than a trivial factor in the selection.
In addition to these factors, wrongful termination occurs when an employee is terminated because the employee exercised his or her employee's rights. Common examples whilst this occurs are when an employee is terminated because of pregnancy, maternity leave, or reporting sexual harassment.
When any of these happen to you, consult with a Wrongful Termination Lawyer in Los Angeles as soon as possible.
Additionally, it's illegal to terminate an employee because he or she suggested the company's illegal behavior or unlawful and hazardous working situations to authorities (also known as “whistleblowing”).
Employees that feel they are victims of wrongful termination in California have the right to seek compensation by filing a lawsuit against their former employers. Under the law, wronged employees might also recover monetary damages, such as lack of past and destiny wages and benefits. In addition, emotional damages can be recovered. If the company’s behavior is malicious or reprehensible, punitive damages can also be presented.
Find the Best Los Angeles Wrongful Termination Attorney for your Case!
The outcome of a wrongful termination lawsuit regularly depends on the facts surrounding the termination of employment. Consequently, it's vital to consult with a skilled and, more importantly, pre-screened California Employment Attorney so he or she can help you assess your legal options and possible avenues to seek compensation.