Every working person in the United States has several legal protections found at a federal level that protects them from discrimination, harassment, and other injustices in their workplace. Therefore, employers must adhere to discrimination and harassment laws and protect their employees.
Each state has unique laws on the rights of employees and the roles of employers in protecting these rights. In California, employment laws can be challenging, especially with regard to the legality of firing employees.
Read on to understand what is considered wrongful termination in California and how an attorney can help.
Understanding Wrongful Termination Laws In California
If a person is not an at-will employee, it is likely because their employment agreement states that they will be terminated under specific conditions. If you have such an agreement in place and the employer terminates your services without stating the reason in the agreement, you can file for wrongful termination. If the employment agreement says you will only be fired for “good cause,” then your employer must give a reason that fits the one in the agreement.
The reason must comply with the description of good cause as stated in the agreement. It is also a wrongful termination if your employer claims that your termination was according to the agreement when, in fact, it was not. You can hold them accountable for any damages you suffer in these circumstances.
Retaliation Claims In Wrong Termination
It is illegal for an employer to fire an employee for trying to enforce or exercise their employment rights. For instance, you may not be let go for complaining about ongoing work harassment or discrimination. Instead, the employer should make the work environment safe and healthy for everyone. Similarly, you may not be fired for taking a medical or family leave, filing a worker’s compensation claim, taking time to serve on a jury, or raising concerns about low wages or unfair hour practices.
California is one of the states that offer the most protections for employees. This means that there are many potential bases for wrong termination. If your employer fired you for exercising a right granted by law or complaining about anything, you might have a claim against them. The damages for your retaliation claims depend on the law your rights fall. When your claim against wrongful termination is successful, you will not only collect lost wages and benefits but also damages for emotional distress, attorney’s fees, and punitive damages.
The Need For A Wrongful Termination Attorney
If you believe your employment was unlawfully and wrongfully terminated, you should partner with an experienced wrongful termination attorney immediately. There are many potential legal bases for you to file a lawsuit in these cases. A skilled attorney will review the facts, identify the strongest claims and take the necessary steps to help you find justice. In some wrongful termination cases, you may be forced to take action relatively to protect your right to see quickly. An attorney understands all these legal aspects and will guide you through them.
Get To Know Your Rights
If you have been fired on unlawful grounds, you need the help of an attorney. California laws protect workers from such incidents, and you have the right to retaliate. Seek the services of an experienced attorney for ideal legal representation.