Wrongful Termination
Do you feel that you have been fired without proper cause by your employer? Wrongful termination can have serious implications on your career, so it is critical that you protect yourself from this unlawful action by knowing the reasons employers can and cannot fire you.
While employers in California do have significant control over deciding whether employees keep their jobs, there are specific reasons that an employer cannot use as a basis to terminate your employment.
Some of the most common bases of wrongful termination include:
- Contract Violations
- Whistleblower Activities
- Retaliation for Taking Employee Leave
- WARN Act Violations by the Employer
- Discrimination or Reporting FEHA Violations
- Retaliation for Making Wage & Hour Complaints
Your Wrongful Termination Attorney
Protecting employees from wrongful termination is crucial to safeguard their rights and promote a fair and just work environment. Legal frameworks are in place to provide resources for employees who experience wrongful termination. Lott Law is an experienced wrongful termination attorney, ready to defend your rights. Learn about the California legal code below or contact us today to discuss your concern and understand your rights.
Q: Can My Employer Fire Me Without Cause In California?
A. Yes, although not in all cases. California is an “at-will” state, but there are limits to what employers can get away with.
At-Will Employees – HR California
Most California employees are classified as “at -will” employees. This means that without an employment contract, the employer or the employee can terminate the employment relationship with or without cause. However, the exceptions to this presumption would be considered “wrongful termination.”
The exceptions to this include:
- Discrimination
- Fraud or misrepresentation
- An employer breach of an implied covenant of good faith and fair dealing
- An implied contract that ensures employers do not fire an employee without cause
- Wrongfully terminating an employee that violates public policy
Q: What Are Examples Of Wrongful Termination?
A. The majority of wrongful termination cases in California are related to being fired for reasons related to discrimination and retaliation.
In terms of discrimination, employers cannot terminate anyone based on the following:
- Age
- Disability
- Ethnicity
- Gender
- Genetic Information
- Pregnancy
- Race
- Religion
- National Origin
- Sex (Sexual harassment is illegal as a result of this classification)
- Sexual Orientation
As for retaliation, employers cannot fire you due to:
- Whistleblower Activities
- Reporting safety code violations
- Reporting fraudulent activity
- Taking family leave for a pregnancy
- Reporting harassment or discrimination
Q: Am I Entitled To Compensation For Wrongful Termination?
If you win the wrongful termination case, you can receive compensatory damages, punitive damages, or in some cases, reinstatement to your former job.
In many cases, wrongfully terminated employees may seek compensation for the following:
- Back pay for missed wages
- Lost benefits
- Lawyer fees
- Emotional distress
- Punitive damages
Contact A Wrongful Termination Lawyer Today
If you believe that you have been terminated illegally by an employer, we can help get you the compensation you deserve. Lott Law provides expert legal guidance, conducting thorough investigations into each legal matter, and advocating for your rights.
