Updated: Nov 1, 2022
Can I Sue My Employer For Wrongful Termination In California?
Additionally, even if you're an "at-will" worker who can be fired at any time, you still have grounds for wrongful termination if it qualifies.
So, when can you sue, who can sue, and what does it mean for you? First, let's look at what the Best Wrongful Termination Lawyers In Los Angeles have to say:
Reasons To Sue Your Employer In California
California Wrongful Termination Law outlines a few scenarios where employees have grounds for wrongful termination. If an employer commits any of these, their actions can be considered illegal under California employment law.
Do note that most of these reasons apply to all employee types, including those working "at will". The only scenario where regular employees are the only ones who can sue is a breach of contract. Everything else is considered illegal under California employment law.
Let's look at the legal reasons to sue your employer in California:
1. Breach Of Contract
If you're an employee who works under a contract, your employer cannot fire you if there are no grounds to do so in the clauses of the agreement.
A good employment contract will usually outline everything related to your employment, including payment, liabilities, and benefits. So, if you were fired for reasons that your agreement doesn't explicitly state, then you have grounds for a wrongful termination lawsuit.
2. Violations of Public Policy
When firing a worker, an employer is not authorized to go against the law. If your employer fires you because you exercised your right, it is considered an act of wrongful termination in California.
Your employer cannot fire you for the following reasons:
Disclosing a corporate policy of withholding employee compensation
Taking time off work to participate in jury duty
Participating in the military
So, for example, if your employer fired you because you took time off work to serve the jury, you have grounds for wrongful termination in California. Likewise, if you're fired for reporting or "blowing the whistle" on illegal activity that's happening in your workplace, then you can sue and claim damages for such.
You should see a Los Angeles Wrongful Termination Lawyer if you think your termination was motivated by the following factors:
For example, if you've been fired because you informed them about getting married or having a baby, then you have reason to sue for wrongful termination.
Do note that you can't just claim discrimination without proof. You have to show that the reason for the firing is specifically discriminatory. Hence, you should contact a California Wrongful Termination Lawyer to build a solid case to forward your interests.
Retaliation against workers is considered illegal in California. For an act to be considered retaliatory, it should involve:
You made a claim against your employer or participated in a legal activity, such as:
Refused to cover up for your boss to the IRS
Reported an OSHA violation
Reported a co-worker
Participated in an interview while your employer was being investigated
The legal activity you did was what prompted your employer to take action
Your employer punished you as an act of retaliation; some examples include:
Excluding your from company activities
Giving you more workload
Reassigning you to unfavorable work sites
Remember, your boss can't try to get back at you for exercising your rights and participating in legal activity. But, again, this would require you to build a case to ensure a successful wrongful termination lawsuit in California. So, it's best to contact a prescreened Los Angeles Wrongful Termination Lawyer to help you.
5. Whistleblower Violations
Employees are protected under whistleblower legislation. It is not unlawful or cause for termination if an employee chooses to report acts that violate the law or are detrimental to the public interest.
So, if you were fired because you reported your boss to OSHA or the IRS, you can file a wrongful termination claim. This encourages whistleblowers to report their employers should they discover an illegal activity or harmful practices that might affect the public.
Get In Touch With The Best Wrongful Termination Lawyers In Los Angeles
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