The employment policy in California is on an at-will basis. That means, employers and employees choose to work together by their own will and they can decide to end their working relationship at any time. In most cases, it is legal for employers to fire the employees at any time for any reason or no reason and without notice, and the employees too can quit the job whenever they want to.
However, in some cases, the employers may fire the employees for reasons that may legally constitute wrongful termination. If that happens to you, it may be necessary to contact one of the best wrongful termination lawyers in Los Angeles and explore your legal options.
What is wrongful termination?
Wrongful termination is being fired for illegal reasons. When that happens, employees have the right to sue their employers. If they can prove that they were terminated from their jobs wrongfully, they can recover damages and may also get their employer to pay penalties and legal expenses. However, all cases of firing may not fit the definition of wrongful termination and that is why it is essential to get competent legal advice before filing a suit against your employer. You can search online for “best wrongful termination lawyers in Los Angeles” to find a lawyer in your area.
What constitutes a wrongful termination under California employment law?
As the lawyer you find after searching online for “best wrongful termination lawyers in Los Angeles” will inform you, being fired for the following reasons can constitute wrongful termination in California:
• Age (being over 40)
• Race
• Religion
• National origin
• Gender
• Gender identity
• Sexual orientation
• Pregnancy
• Medical condition
• Mental or physical disability
• Marital status
• Military status
As per the Fair Employment and Housing Act (FEHA), your employer also cannot fire you for asserting your legal rights. They cannot retaliate against you for reporting illegal activities, complaining about workplace safety or health issues, asking for unpaid or overtime wages, demanding legal work breaks, or filing an OSHA complaint. You also cannot be fired for your political affiliation.
According to the California Family Rights Act (CFRA), it is also wrongful termination if the employer fires you for taking family leave for which you are eligible. For instance, taking 12 weeks of leave in a year after the birth, adoption, or fostering of a child. Similarly, they cannot legally fire you for taking leave for your health condition or for caring for a sick child, spouse, or parent.
The Healthy Workplaces, Healthy Family Act also prevents the employer from firing you for taking paid sick leave for which you are eligible. You can avail of the leave to provide preventive care to family members, to care for family members with an existing health condition, or to get medical, legal, or social services aid for reasons related to domestic violence, sexual assault, or stalking.
It is also wrongful termination if you are not an at-will employee and have a work agreement with the employer, and you have been fired from your job for reasons that violate the agreement. It may not be necessary to have a written agreement. In some cases, an implied contract may be sufficient.
However, employers cannot fire even at-will employees for reasons that violate anti-discrimination laws.
What can you do if you have been wrongfully terminated in California?
If you think you have been wrongfully terminated from your job in California, it is advisable that you find and consult one of the best wrongful termination lawyers in Los Angeles. Many of the leading lawyers offer a free initial consultation and you can avail of the opportunity to discuss the legal merits of your specific case. You may have a claim for wrongful termination if you can prove that the employer:
• Had legitimate reasons and illegal motives for firing you.
• Made the workplace environment deliberately difficult to make it impossible for you to continue working there.
After the lawyer decides to take your case, they will investigate the matter, gather evidence, and help you file a claim with an appropriate governmental agency. If you instead decide to file a lawsuit for wrongful termination, they can assist with that as well and represent you in court.
