As of May 2024, it was recorded that there were about 133.4 million full-time employed individuals in the US, and according to Employment Law Alliance, 10 percent of employees believe that they have been wrongfully terminated.
Wrongful termination happens when an employee is suddenly fired from work due to illegal reasons or a violation of their employment contract. In California, employees are protected from discharge for illegal considerations such as discrimination, retaliation, or violations of public policy.
If you have been wrongfully terminated in California, the settlement amount can run anywhere from $5,000 to $90,000. According to a Los Angeles wrongful termination lawyer, Omid Nosrati, you must show that your dismissal was owing to your race, gender, age, or some other protected characteristic for you to get a claim.
Find out what wrongful termination in California is and how to make an illegal termination claim to protect your career and obtain the financial compensation you deserve.
Wrongful Termination: By Definition
When discrimination, retaliation, or breach of contract occur, wrongful termination interferes with state and federal employment laws. Some employees are forced to resolve their wrongful termination issues privately because of arbitration agreements.
Let’s cover at-will employment and illegal reasons for termination, the effects discrimination could have, retaliation potentially taking place, and the protections for anyone who exercises their legal rights.
At-Will Employment in California
In California, most employment relationships are at-will. This means that both the employee and employer can terminate the employment contract at any given time, for any reason, provided that it is not against the law to do so. This implies that you can decide to leave your job without providing a reason, and the same can be said on the employer’s side in dismissing an employee.
What classifies as wrongful termination may not apply if you are under at-will employment. But, there exist exceptions to at-will employment. Your employer practically cannot fire you for illegal grounds or discrimination on color, gender, age, or disability. If you were unlawfully terminated, you may want to seek the redress of the law.
At-will employment allows you to make workforce decisions based on your business needs, but you must be aware of legal obligations and constraints in terminating an employee’s contract.
Wrongful termination allegations can cost your company money and reputation. At-will employment, with its rights and duties for employers and employees, can create a fairer and more legal workplace.
Illegal Reasons for Termination
California prohibits termination of employment for many reasons. Discrimination may exist on grounds of race, sex, religion, national origin, age, handicap, sexual orientation, and many others. Meaning to say, an employee cannot be terminated on any of the above bases.
Retaliation is another illegal ground for termination. Once an employee complained about workplace harassment or had been involved in the inquiry of such an incident, those were grounds for preventing retaliatory termination on the part of the employer. Retaliation might end up terminating an employee, demoting them, or cutting their pay to an unbearable work environment. Even small acts or changes in treatment are considered retaliation if they impact the employee. No company can dismiss its workers just because they went on family or medical leave.
Termination for whistleblowing or for exposing unethical company practices is illegal too. An employee cannot be terminated for political reasons in California. In case you think that you have faced an illegal dismissal on one or more of the given grounds, do call an employment lawyer. They will assist you in getting your justice and remuneration in unfair dismissal in the procedure of understanding your rights.
Protections for Exercising Legal Rights
In the state of California, employees have laws that protect their rights from being infringed upon by their employers. Such rights are protected in the unfortunate event that the employee has experienced a wrongful dismissal.
Employers are forbidden to retaliate against employees who complain or participate in any investigations into violations of workplace safety, discrimination, or wage laws under the California Labor Code. This means your company cannot take ill action upon you for complaining of unfair treatment in the workplace.
Under the FEHA in California, discrimination is unlawful in the cases where an individual opposes discrimination or seeks its enforcement. Hence, an employer must not retaliate against any employee who has spoken against discrimination or assisted in the investigation or prosecution of discriminatory claims.
Remember, know your rights and protect yourself by finding legal assistance when you suspect that you have been terminated from work illegally.
