It’s commonly known amongst Californian workers that California is known as an “at-will” state. But many employees don’t know exactly what this means, and what the consequences are should they be terminated for reasons they might feel are unfair. Essentially, Californian employers may terminate employment relationships at any time, regardless of the reason for termination.
This might seem unfair to many people, but to ensure employees are protected from wrongful termination, the courts, legislatures, and public policy have created important exceptions to the “at-will” rule. However, when exactly these exceptions apply can be difficult to determine, particularly without the assistance of a knowledgeable attorney. Unfortunately, unlawful terminations are still common in the modern workplace.
If you suspect that you have been wrongfully terminated, it is important that you consult with an experienced employment attorney. The wrongful termination attorneys at the Law Offices of Samer Habbas & Associates can help protect you and your legal rights as a California employee. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent employees who have been wrongfully terminated across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.
When an employee is terminated for an illegal reason, the termination is wrongful. For example, firing someone based on a protected class they might belong to would be considered illegal. Such discrimination is prohibited based on:
Under state law, many types of terminations would be considered to be unlawful in California. Such cases require the assistance of an experienced lawyer to determine who was in the wrong and claim damages or compensation from the liable party. Attorneys who practice employment law should be consulted in situations where an employee is terminated for one of the reasons listed above.
Although California is an “at-will” state, firing an employee for any of these reasons is illegal. Obtaining the assistance of an employment attorney can enable the determination of whether or not it’s worth looking into the case to see if wrongful termination has occurred. When an employee is terminated due to a violation of public policy, the termination is wrongful. It must be the following:
Once again, if the termination is deemed to be a violation of public policy, this should be verified by a qualified lawyer who specializes in California wrongful termination. More specifically, the attorney that you seek for assistance should be practiced in this specific area of expertise to ensure they can accurately present your case and better ensure chances of claiming compensation.
If you believe that your termination was motivated by wrongful or malicious intent, then you need to be able to prove it. Doing this can, at times, be more difficult than many people might realize. You should be able to present ample evidence to justify your case. If you are pursuing wrongful termination on the grounds of sexual harassment, for example, it will help your case if you have previously filed a complaint about sexual advances or inappropriate behavior in the past. It’s advisable to hold on to any records or proof to help your case and give them to your attorneys, such as emails or text messages.
As we have previously mentioned, employers are not allowed to fire employees due to specific characteristics in the state of California. The following would be considered wrongful termination based on the grounds of discrimination:
Additionally, discrimination can occur regarding national origin, political affiliation, and disability. Unfortunately, termination for such reasons can be difficult to identify. In many situations, employees are not aware that they have been wrongfully terminated because the employer does a good job of hiding the true reasons for a discriminatory termination. This is just another reason why it’s important to discuss your case with a lawyer. They will be able to help you determine if you were, in fact, wrongfully terminated based on your unique circumstances.
A safe work environment must be provided to employees, which means that employers cannot retaliate against their employees should they file a complaint, report, or claim. Sometimes, employees may be fired by employers as a retaliatory action when they hear that an employee has reported something. The following are examples of illegal retaliation:
Acts of retaliation don’t always lead to termination. Retaliation may also include:
If you believe you have been wrongfully terminated, you must take the right steps to improve your chances of winning your case and getting the compensation you deserve. The following steps should be taken if you have been terminated by your employer:
If you have been a target of wrongful termination, speak with an experienced employment lawyer to learn more about your legal rights. The wrongful termination attorneys at the Law Offices of Samer Habbas & Associates can help prepare your case and get you the justice you deserve. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our wrongful termination lawyers represent mistreated employees across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.
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