What Doesn't Count As Wrongful Termination In California?

Legal Grounds For Firing Employees In Los Angeles, California

California is an at-will state. This means employment agreements can include working at the employer's discretion and the employee's. This means that the employee has the freedom to leave whenever they wish.

Employers can terminate employees for any reason or no reason at all. On the other hand, at-will employees are still protected from being fired for reasons that aren't legal (which still counts as Wrongful Termination).

So, is your termination legal? Can you file claims in California? Let's discuss:

Employees who have been terminated can immediately file a claim with the Equal Employment Opportunity Commission (EEOC).

When this occurs, the employer must demonstrate that the dismissal was based on specific behavior rather than bias against a group or class of persons. This is referred to as "firing for cause" in legal terms. There are several reasons why employers would terminate employees:

• Incompetence

• Insubordination

• Dishonesty or disobedience

• Frequent absenteeism or persistent tardiness

• Theft or other criminal acts

• Discrimination in the form of sexual harassment

• Making physical threats

All of these actions hinder a company's ability to perform correctly. Speak with one of our prescreened California employment lawyers if you're still unsure if your boss legally fired you. After all, no two cases are the same, so conduct your research and seek guidance from the right people about what to do next.

What Qualifies As Wrongful Termination In California Law?

Although an at-will state, workers are protected from being fired on illegal grounds in California. You might be able to file claims against your employer for damages.

If you were fired for the following illegal reasons, you have the right to file a lawsuit against your employer:

• Discrimination-based termination, such as:

  • Disability discrimination

  • Pregnancy discrimination

  • Retaliation against employees

  • Marital status discrimination

  • Sexual harassment in the workplace

  • FMLA discrimination

  • LGTBQ discrimination

  • Religious beliefs discrimination

  • Age discrimination

  • Race discrimination

  • Gender discrimination

  • Discrimination based on genetic information

  • National origin discrimination

  • Wrongful termination

• Unpaid wages

• When an employee reports or complains about illegal action

  • Whistleblower retaliation

• When an employee avails their legal employment benefits (i.e., disability accommodations, family leave, pregnancy leave, etc.)

• Having unreasonable demands for time off that you have earned or are entitled to, such as overtime, rest breaks, or lunch breaks

• Taking a break to cast a ballot

• Taking part in a jury

Some infractions are unlawful, while others obligate the employer to compensate the terminated employee for lost earnings and other costs. A Wrongful Termination action may also result in the corporation paying punitive damages to the terminated employee in specific situations.

When bringing an employment law claim in California, you'll need sufficient proof to show that you were discriminated against, retaliated against, or fired unlawfully. Hire a prescreened Los Angeles employment lawyer to help you gather evidence, organize your paperwork, and meet critical deadlines.

How Can You Report Wrongful Termination In California?

Notify the appropriate federal or state authorities. You must first file a Charge of Discrimination with the Equal Employment Opportunity Commission before filing a federal discrimination complaint in court. If your state has legislation prohibiting discrimination on the same grounds, you must submit a discrimination claim within 180 days of the wrongful termination.

If they do not accept your case, you must file a "Notice of the Right to Sue" with FEHA. Then, within a year of the incidence of wrongful termination you intend to take to court, the California Department of Fair Employment and Housing may give this.

If you register a complaint with the state, the department will decide whether to investigate the situation. You can file a lawsuit in state civil court or a federal complaint if the agency fails to prosecute the case.

You can use the employer's dispute resolution services if the agency investigates the complaint. However, the department will file a wrongful termination lawsuit on your behalf if your matter is not settled.

You have one year from the day you filed the Notice of Right to Sue to launch a lawsuit in court for wrongful termination. The claim will not be transmitted to the federal government if the department refuses to prosecute the matter. So, make sure to work alongside your California employment lawyer to ensure your claim is successful.

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