Was Your Firing Illegal?
Understanding Wrongful Termination
Losing your job can be a tough and nerve-wracking experience, especially if you feel like you’ve been let go unfairly. But in California, it’s essential to know that there are reasons an employer can terminate your employment, as well as reasons that are prohibited by law. As an employee, it’s crucial to be aware of your rights and when termination is lawful.
In this article, we’ll dive into the different types of termination, what’s allowed, and what’s not, and we’ll explore the potential outcomes of wrongful termination. So, let’s get started on empowering you with the knowledge you need to protect your career!
If after you read the article you still believe that your termination may have been unlawful, don’t wait to take action. It’s essential to seek legal guidance as soon as possible to ensure that your rights are safeguarded and justice is served. At Cielo & Dei Voluntas Law Firm, our team of experienced labor attorneys is dedicated to helping you protect your interests and pursue the compensation you deserve. To discuss your case and explore your options, contact us today for a free consultation at 949-556-3677 or send us a WhatsApp message. We’re here to help you fight for your rights!
Was I illegally Fired?
In California, an Employer can Legally Terminate an Employee for a variety of reasons, including:
- Poor performance: If an employee consistently fails to meet the expected job requirements and standards, an employer may terminate them.
- Misconduct: If an employee violates company policies or engages in illegal behavior, such as theft or harassment, an employer may terminate them.
- End of contract or project: If an employee’s contract or project comes to an end, their employment may be terminated.
- Absenteeism or tardiness: If an employee frequently misses work or is consistently late, an employer may terminate them.
- Reduction in workforce: If an employer needs to downsize or restructure the company, they may terminate employees to reduce costs.
- Breach of contract: If an employee violates the terms of their employment contract, an employer may terminate them.
- Insubordination: If an employee refuses to follow instructions or comply with company policies, an employer may terminate them.
It’s worth noting that some reasons for termination, such as discrimination or retaliation, are illegal under state and federal law. Employers must also comply with any applicable employment contracts or collective bargaining agreements.
Did Your Employer Wrongfully Terminate You?
Under California law, an employer cannot terminate an employee for certain reasons that are protected by law.
Here are some Examples:
- Discrimination: An employer cannot terminate an employee based on their race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, age (if over 40), disability, or genetic information.
- Retaliation: An employer cannot terminate an employee for engaging in legally protected activities, such as reporting discrimination or harassment, filing a workers’ compensation claim, or whistleblowing.
- Family and medical leave: An employer cannot terminate an employee for taking time off under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
- Military service: An employer cannot terminate an employee for taking leave for military service or for being a member of the military.
- Jury duty: An employer cannot terminate an employee for serving on a jury.
- Political activity: An employer cannot terminate an employee for engaging in political activity outside of work, such as supporting a particular candidate or party.
- Labor organizing: An employer cannot terminate an employee for participating in union activities or for trying to organize a union.
If an employer terminates an employee for one of these reasons, the employee may be able to file a wrongful termination lawsuit against the employer.
Can you Sue for Wrongful Termination?
Yes, you can sue your employer if you were wrongfully terminated, retaliated, or discriminated against because of one of the protected classes (race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, age (if over 40), disability, or genetic information) or any other illegal reason like the ones we mentioned before: retaliation, discrimination, family and medical leave, military service, jury duty, political activity and/or labor organizing. You can bring a wrongful termination claim in federal or state court under the California Fair Employment and Housing Act (FEHA).
What Should California Employees Do if They Believe They Have Been Wrongfully Terminated??
Suppose an employee in California believes they have been Wrongfully Terminated, retaliated, or discriminated against due to their religion, requesting reasonable accommodations for religious practices, or any of the protected classes (Race, color, Ancestry, national origin, Religion, creed, Age – 40 and over, Disability, mental and physical, Sex, gender, Sexual orientation, Gender identity, gender expression, Medical condition, Pregnancy, Genetic information, Marital status, Military or veteran status). In that case, the employee can file a complaint with The Civil Rights Department (CRD). The CRD will investigate the complaint and take action if they find that the employer has violated the law.
Also, if you believe they have been wrongfully terminated, you should seek legal advice from an experienced employment attorney.
Wrongful Termination Lawyer in Southern California
If you have a question about wrongful termination, don’t hesitate to contact the attorneys at Cielo & Dei Voluntas Law Firm for a free and confidential intake process. Our skilled employment law attorneys may be able to help you with your situation.
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We represent employees throughout Southern California, including San Bernardino County, Los Angeles, and Orange County