Updated: Apr 21
When Can You File A Wrongful Termination Claim In California
Wrongful termination can happen in many ways. That said, just saying "firing for illegal reasons" isn't always clear. So, let's talk about what counts as illegal reasons for firing someone, which would all count as a case of Wrongful Termination in California.
What's Considered As California Employment Law's Wrongful Termination?
Let's define "wrongful termination" because California has detailed employment regulations. After all, people might be fired for various reasons, some of which are justified. That's why it's crucial to understand when you have sufficient grounds to bring a lawsuit against your boss.
You may have been unlawfully terminated if any of the following apply to you:
The real reason you were fired was due to discrimination, retaliation, or some other criminal act.
Even if you weren't fired, you could have been forced to leave due to hostile working environments.
If you are fired or forced to resign within six months of the following occurrences, you may have been wrongfully terminated.
Sexual harassment, discrimination, and retaliation have all been reported to you.
You were fired after coming back from medical leave or asking for permission to go on one.
You are fired after you return from maternity leave, or you've requested one.
You were fired after you asked for a job accommodation because of an injury,
You were fired after you've filed a discrimination complaint with Human Resources.
You were fired after you've filed a complaint concerning unpaid overtime, missed meals, or rest periods.
You were fired after you've refused to perform anything illegal.
Although California law protects employees from wrongful termination, employees are frequently exploited due to a lack of understanding of the law's complexities. Furthermore, some fired employees may be confused if their dismissal was "wrongful." As a result, wrongful dismissal can happen in several situations and for various reasons.
If you suspect you were fired illegally, you should call one of our prescreened Los Angeles Employment Lawyers right once.
How Do I File A Wrongful Termination Claim?
To appropriately safeguard their rights in some wrongful termination cases, claimants must follow a specific procedure. Employees are protected by both federal and state legislation. Your California Employment Attorney can help you file a claim properly and ensure that the process goes as smoothly as possible.
The Equal Employment Opportunity Commission (EEOC) is a federal administrative agency responsible for investigating claims of workplace discrimination and, if necessary, wrongful termination due to discrimination.