Types of Wrongful Termination
California law provides significant workplace protections for employees including protections against wrongful termination. Wrongful termination occurs when employment is terminated by an employer in violation of an employee’s legal rights. Under California employment law, it is illegal for an employer to fire an employee or make any other employment decisions (such as being passed over for a promotion) for the following reasons:
- Discriminatory reasons, such as based on race, sex, or religion
- Reasons that violate an employment contract
- Reasons that are in revenge for an employee exercising certain legal rights
In short, these laws place important limits on a California employer’s ability to terminate employees. An employee fired for reasons that violate these laws may have a wrongful termination claim for lost wages, benefits and more.
If you believe you have been wrongfully terminated in California, contact Davtyan Law Firm today to discuss your case with a knowledgeable California employment law attorney.
Workplace discrimination and wrongful termination are pervasive problems in California. Fortunately, there are statutes in place that protect employees like you from wrongful termination and give those who are unjustly fired a way to get justice. Under California employment law, it is unlawful for an employer to fire an employee for discriminatory reasons or make any employment decision on the basis of one or more personal traits, known as “protected characteristics.” The following are considered protected characteristics in the state of California:
- Race, color, national origin, or ancestry
- Physical disability, mental disability, or other medical condition
- Genetic information
- Marital status
- Sex, gender, gender identity or gender expression
- Pregnancy or childbirth
- Age (for employees over the age of 40)
- Sexual orientation
- Military or veteran status
If you believe you lost your job because of your membership in one or more of these protected categories, you may have a wrongful termination claim against your employer.
Other Types of Claims:
Employment Contract Violations
Another type of wrongful termination in California involves termination in violation of an employment contract. If you were fired from your job in California, and you believe your termination was carried out in violation of your employment contract (which promised you continued employment for a certain period of time or prohibited your employer from firing you without just cause) you may have a wrongful termination claim.
Under California law, employers are also prohibited from firing an employee for exercising his or her employment rights. These rights include taking time off for qualified medical or family reasons, filing a complaint of workplace harassment or discrimination, filing a workers’ compensation claim for a workplace injury, taking time off for jury duty, or filing a complaint of illegal wage and hour practices.
Violation of Public Policy Claims
According to employment law, employees may not be fired for refusing to commit an illegal act, exercising a legal right or filing a complaint about being denied such a right.
Contact Davtyan Law Firm Today for Legal Help
There are state and federal laws in place that prohibit wrongful termination in California. But many California employees who lose their jobs for unlawful reasons never get the legal help they need. If you win a California wrongful termination lawsuit, your employer may have to pay any lost wages and benefits resulting from the termination as well as your court costs and attorneys’ fees and monetary damages for any emotional distress you suffered.
To find out how you may be able to recover lost wages, benefits and other damages associated with your employment termination in California, contact Davtyan Law Firm today. Call (818) 275-5799 now!