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Wrongful Termination attorneys, lawyers in los angeles, californiaCalifornia Wrongful Termination Law |
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CALIFORNIA WRONGFUL TERMINATION LAWS
Not all unfair terminations are considered "wrongful" under the law. Typically, a worker that has no written employment contract, is considered an "at will" Employee under California law. That means that the employee can be fired for any reason, even an unfair reason, or for no reason at all. But there are numerous exceptions to this rule.
It is illegal to fire even an "at will" employee for a reason that violates a fundamental public policy. In simple terms, a termination that violates public policy is one that implicates some state or federal statute, regulation, or constitutional provision. For example, if the employer directs a worker to violate any law, ordinance, regulation or statute, the employer cannot legally fire that employee for refusing such a directive. Additionally, if the employee complains about what he/she reasonably perceives as a violation of law, like late or non-payment of wages, failure to pay overtime, filing a workers compensation claim, or workplace safety issues, and is fired in retaliation, that would also constitute an actionable claim for wrongful termination.
It is also illegal in California to fire a employee because of their race, age, race, gender, religion, disability, sexual orientation or national origin. Although such discrimination claims are covered under the California Fair Employment and Housing Act (FEHA), they also give rise to a common law claim for in violation of public policy. The same would hold true for terminations made in retaliation for an employee’s opposition to, or complaints about, discrimination or harassment based on any of the aforementioned protected classifications. For example, an employee that complains of sexual harassment, and is then subjected to unwarranted work-related criticism, disciplined, written up, or fired, would have a claim for retaliation under FEHA as well as at common law. As a practical matter, however, the employee can recover more by suing under the statute than at common law; attorney’s fees and expert witness fees are not recoverable on public policy claims, but may be awarded under FEHA.
Although there are other examples that are not listed here, and you should always speak with an attorney before waiving your right to file a lawsuit, the general rule requires that the termination be more than just unfair to be illegal. In short, it usually matters little whether the specific reason given for your termination was fair or even true, unless you believe that the employer's real motivation for terminating you involved discrimination, retaliation, or whistleblowing.
Other terminations are unlawful because they are expressly prohibited different statutes. Some of these include terminations of workers based on sexual orientation or those that take Family or Medical Leave. Workers who take leave because they have a serious medical condition, or must care for a parent or child that has such a condition, are protected by the law provided that they worked for the employer for more than one year, worked more than 1250 hours during the previous year, and the company has more than fifty (50) employees that work within a seventy five (75) mile radius.
Since the above-list is not exhaustive, you should always ask an attorney whether your specific circumstances or situation are covered. If your termination is considered unlawful, you may recover some or all of the following:
- LOST WAGES
- LOST BENEFITS
- EMOTIONAL DISTRESS DAMAGES
- PUNITIVE DAMAGES
- REINSTATEMENT
- PROMOTION
- ATTORNEY’S FEES
DISCLAIMER: This website is intended to provide general information only. Nothing contained in this article, or on this website, is intended to
provide legal advise. By using this website you acknowledge and agree that
you have not formed an attorney-client relationship with Feldman &
Associates and will not not rely on any information contained on this
website without personally speaking with one of our attorneys. You further
understand and acknowledge that Feldman & Associates strongly encourages
anyone who believes they may have a claim to communicate directly with a
lawyer, whether from Feldman & Associates or any other firm.
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