There are many circumstances surrounding a person’s firing that can be considered wrongful termination. Just because California is an at-will employment state, doesn’t mean employees can be let go or fired for any reason. The following five situations are often considered wrongful termination:
If your termination meant your employer broke a promise made to you, you may be able to pursue compensation in a wrongful termination lawsuit based on a breach of contract.
A written or oral employment contract may include limits on your employer’s right to fire you, such as it can only occur within or after a certain time period, or only for particular reasons. Many employment contracts state that an employee will not be fired without “good cause.” The meaning of “good cause” is important, since it is left open for interpretation. Employers must have a fair and honest reason to fire an employee, that is supported by substantial evidence.
California also recognizes “implied contracts,” which are suggested by an employer’s statements or actions. For example, policies that dictate certain disciplinary procedures that will occur prior to a termination of employment.
It is illegal for a California employer to fire or discriminate against someone based upon the following characteristics:
Any job-related decision made by your employer that is based on any of the above protected characteristics is considered discrimination. Before a wrongful discrimination claim can be taken to court, you must first go through the discrimination complaint process with the Department of Fair Employment and Housing (DFEH).
Employers are prohibited from retaliating against employees who exercise their legal right to report or complain about certain workplace issues, including:
Employees who are whistleblowers are also protected by law. A whistleblower is a worker who passes on information concerning illicit activity, typically witnessed while on the job (e.g. false tax returns, shareholder fraud, other financial irregularities). If you become a whistleblower, your company cannot retaliate or take revenge by reducing your hours or terminating your employment.
Employees have the right to engage in “protected concerted activity,” under the National Labor Relations Act. Which means you can speak with co-workers or act together to address work-related issues, such as:
In these instances of protected concerted activity and others, employers are not legally allowed to fire you, threaten you, or coercively question you. However, you can lose this protection through misconduct, such as saying or doing something egregiously offensive and maliciously false, or if you bad-mouth your company’s products or services without relating the complaints to any labor controversy.
When an employee must serve jury duty, they are protected from job termination. Individuals who fail to show for jury duty can be found in contempt of court and subject to fines and jail time. Therefore, it is illegal for your employer to threaten, coerce, or discipline you for performing jury duty. Employers are not required to pay employees who must serve jury duty in California, and they must be given reasonable notice. However, workers can use their vacation hours, paid time off, sick leave, or any other personal time they have accrued.
If you believe you were wrongfully terminated and are considering taking legal action against your employer, contact wrongful termination lawyers in Los Angeles & Beverly Hills at Rise Law Firm, PC to discuss your options. Call us today at (310) 728-6588 or request your free consultation online.