Updated: Mar 17
Here's what wrongful termination is and what an Employment Lawyer in San Fernando Valley does.
In California Employment Law, Wrongful Termination takes place when for unlawful reasons, an employee is dismissed from his or her work. In California, employees are deemed to be at-will jobs. This implies that at any moment, for any cause, including for no reason at all, either the worker or the company may terminate the job. The only caveat is that the justification must not be illegal for the termination of employment. If your employer breaks the law, you must consult with a pre-screened wrongful termination attorney.
Have you been wrongfully terminated in San Fernando Valley?
Examples of unlawful reasons for firing an employee that may be considered unjust or wrongful termination include:
Discrimination: When individuals are dismissed or handled differently because they belong to a protected class, work discrimination exists. Categories covered include race or color, national origin, gender or sex, age, religion, disability, pregnancy, and sexual orientation.
Retaliation: This is called wrongful termination if an employee is dismissed in retaliation for filing a lawsuit against his employer. It is a protected activity to file charges with the Equal Employment Opportunity Commission (EEOC), and your employer will not legally terminate your employment for that reason.
The Family and Medical Leave Act: The Family or Medical Leave allows some employers to provide their workers with the requisite unpaid leave so that they can care for family members who are ill, care for newborn children, etc. It may be deemed unconstitutional if an employer fires an employee who takes time off for reasons protected by the FMLA.
Specifically, in California, they are deemed to be at-will workers unless an employee signs an employment contract that details a particular period of employment. As such, their employer can, for any cause, terminate their employment at any time as long as the reason is not unlawful. California acknowledges the following as illegal causes of termination, in addition to the above cases of unjust or wrongful termination:
Victims of stalking or domestic violence;
Status of military or veterans;
Constructive termination, which happens when terms of employment are so unbearable or precarious that the worker is forced to resign;
Status of AIDS/HIV; or
"Violations of Staff Adjustment and Retraining Notification Act ("WARN"). The Alert Act provides staff with protection by requiring individual employers to have a sixty-day notice of mass layoffs.
In general, most wrongful termination in California are cases of discrimination that are brought under the Equal Jobs and Housing Act of California. In California, revenge against an employer for breaking the Labor Code is another typical scenario.
What's the statute of limitations in California for wrongful termination?
The term' limitations statute' applies to statutes that prescribe the amount of time a person has to file a civil lawsuit. The word may also apply to the amount of time that a prosecutor is required to file a defendant's criminal complaint. A statute of limitations aims to shield defendants from untimely litigation and ensure that in pursuing legitimate and timely grievances, complainants practice due diligence. Each state has its concept of what a timely filing of a complaint is considered to be.
The statute of limitations in California for wrongful termination varies depending on the form of the brought case. If as determined by the statute of limitations, a lawsuit is not made within the allotted time the case would possibly be dismissed. An exception can be made, however, if there are serious factors involved.
Such examples of statutes of limitations for wrongful termination in California include:
In breach of public policy, two years after the dismissal for wrongful termination. This implies two years from the date on which the worker was fired for taking part in a protected activity;
Within one year of termination, unfair termination due to discrimination or abuse first needs a lawsuit to be made to the Department of Equal Jobs and Housing ('DFEH'). If the DFEH in unable to resolve the claim or issues a right to sue notice, a claim may be lodged in state court for up to ninety days after the DFEH has ruled; or if the DFEH fails to resolve the claim, a wrongful termination claim may be filed in the Los Angeles county court for up to ninety days.
Within two years of an oral or implied contract being breached, or within four years of a written contract being breached.