If an employer fires an employee in violation of state or federal law, the claim for wrongful termination is viable. Employers may at any moment terminate employees in California since the state recognizes the concept of at-will employment. On the other hand, there are several legal limitations on when an employee may be let go.
Read on to learn more and contact PLBH at (800) 435-7542 if you have been wrongfully terminated and require a legal consultation.
Contract claims
Work contracts may include a promise of employment for a specific period of time. They may also specify that an employee will only be let go for good reason in the statement. If your employer terminates you in violation of the provisions of the contract, you will probably have a solid case for wrongful termination. Oral and written agreements, like a comprehensive contract or an employee handbook, might be included in a contract.
Discrimination
California has a number of qualities that companies cannot use to make hiring choices in addition to those protected by federal law. Race, color, national origin, religion, sex, pregnancy, age, disability, genetic data, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political convictions, political activities, status as a member of the armed forces or as a veteran, or for having been a victim of stalking, assault, or domestic violence are some of these. Your lost income and benefits as a result of your termination may also allow you to make a claim for extra damages.
Retaliation
Every employee has the right to utilize and uphold their employment rights. Your employer cannot fire you if you take time off to serve on a jury, submit a claim for workers’ compensation, seek or take family or medical leave, report discrimination or harassment, or protest about unethical wage and hour practices.
Violation of public policy
Retaliation claims that adhere to a specific legislative regulation have identical grounds as public policy claims. According to public policy, workers cannot be fired for upholding their legal rights, complaining about workplace infractions, or refusing to carry out legal obligations. For a public policy claim to be legitimate, there is no requirement that it be based on a particular legal provision.
For instance, even if there is no legislation or statute that prevents terminating an employee for refusing to take part in fraud by their employer, employees who lost their employment as a result of doing so will still have grounds for wrongful termination.
Your case may entail other claims in addition to your wrongful termination claim, depending on the kind you have. In California, claims based on public policy can qualify as a specific category of personal injury claims, allowing you to get compensation for additional losses. If your situation is serious enough, you could be entitled to get punitive damages as well as emotional distress compensation. Contact PLBH at (800) 435-7542 to learn more.