Losing a job is terrible, but losing a job due to unjust or illegal means is far worse. Your reputation is on the line, as is your current and future financial stability. In California, Wrongful Termination is handled seriously.
That said, let's talk wrongful termination as often handled by our prescreened Newport Beach Employment Law Attorneys in California.
A Quick Guide To Wrongful Termination Claims In Newport Beach
The California Fair Employment and Housing Act make it illegal for an employer to illegally "discharge or terminate" employees (FEHA). Other relevant policies that apply are the California Family Rights Act (CFRA) and the New Parent Leave Act (NPLA).
When someone says "wrongful," it usually means that they were not employed, promoted, or fired because of their protected class status based on:
- Unless the employees are the employer's parents, spouse, or child, the FEHA, which is codified in Cal. Gov. Code 12900 et seq. applies to employers with five or more employees.
- The Act also exempts religious organizations and corporations that are not formed for private profit.
California's wrongful termination rules make it illegal to discriminate. As a result, an employer is prohibited from discriminating against employees who belong to a protected group.
The following are some examples of discriminating behavior:
Discrimination is prohibited in the following circumstances:
- Screening, applications, and interviews
- Recruiting, relocating, promoting, separating, or terminating employees
- Membership in a labor union or other employee organization, as well as participation in an apprenticeship or training program
- Making decisions on the conditions of employment, such as pay, assignments, and so on
Wrongful termination can happen for a number of reasons, including prejudice. For example, you may have been fired unfairly if you were fired for the following reasons:
- You've been discriminated against because of your political beliefs.
- You have been retaliated against because you are a whistleblower.
- You were retaliated against because you complained about unpaid wages, health and safety issues, or Labor Code violations.
- You were forced to leave because the working conditions were uncomfortable or unsafe (known as constructive dismissal)
- Workers were not provided the 60-day notice required by the Worker Adjustment and Retraining Notification Act when they were laid off in a mass layoff (WARN Act).
You have grounds for a Wrongful Termination Claim in any of these instances. Getting a Newport Beach Employment Lawyer will make it easier for you to gather evidence, submit claims with the appropriate agencies, and go to court if your lawyer and your employer can't come to an agreement.
What Are Your Employee Rights In California?
California is an "at-will" state, meaning that employees can be fired at any moment. Without a contract, agreement, or exception to a statute or policy, employers in California have the authority to fire an employee for any reason at any time.
Employees, on the other hand, feel that they can be fired for any reason and at any time, regardless of whether they just told their boss they're pregnant or requested reasonable accommodations for their disability.
It does, however, make a difference.
The capacity to fire anyone at any time is limited to some extent. You are protected from being fired solely because of your protected status if you belong to one of the above-mentioned protected classifications. You are also protected if you are a whistleblower or file a complaint about underpaid wages, poor health and safety management, or violations of the Labor Code.
These protections are available to all employees, and they include:
- Employees that are paid on an hourly basis
- Employees who are paid a salary
- Workers on a contract basis
It doesn't imply you can't be fired for criminal reasons just because you're an "at-will" employee. As a result, whether you're an at-will employee or a regular employee, you can't be fired for grounds mentioned in the EEOC and FEHA.
That said, if you've been fired for any of the mentioned reasons above, contact a Newport Beach Labor Law Attorney to help you.
How Does FEHA Protect You?
The Fair Employment and Housing Act (the "FEHA") protects employees in California against retaliation if they perform any of the following:
- Oppose workplace harassment and discrimination, as well as an employer's refusal to provide required pregnancy/family leave.
- Make a complaint about harassment or discrimination.
- Any FEHA-related proceeding in which you participate, assist, or testify.
- Because of religious beliefs or observances
- Because of a disability, employees might request accommodations at work
Under California employment law, FEHA retaliation arises when an employee's engagement in any of the foregoing activities is the primary motivating factor for adverse employment conduct or unfair treatment by that employee.
That said, consult with a Newport Beach Labor Lawyer to know how to properly file an employment claim in California.
Workplace Retaliation as a Result of the False Claims Act
Businesses are also forbidden from retaliating against employees who exercise their California False Claims Act privileges. Under the False Claims Act, employees in California can file a "qui tam" lawsuit against an employer who is committing fraud, bribery, or theft of government monies. (A "qui tam" case occurs when a private citizen sues on behalf of a government entity.)
The workplace retaliation provisions of the California False Claims Act restrict your employer from retaliating against you if you:
- File a qui tam lawsuit against the corporation (or if you help in some way with a qui tam suit)
- You don't want to break the False Claims Act of California.
You shouldn't have to violate policies to keep your job. When in need to file a Qui Tam claim, consult with your Newport Beach Labor Lawyer.
Wrongful Termination As Retaliation
When an employer tries to retaliate against you for reporting them to the appropriate authorities, this is known as retaliation. For example, if you disclose wrongdoing, workplace risks, or employment discrimination, and your employer terminates you. As a result, that is considered Wrongful Termination.
In California, managers are not authorized to retaliate against employees who complain about their bosses. Any breach of established labor protections should be reported to the following authorities:
- Raising an objection, submitting a complaint, or participating in an investigation can result in retaliation.
- Make a reasonable accommodation request based on your handicap or religious convictions.
- Filing or assisting in a "qui tam" case under the California False Claims Act.
These workplace anti-retaliation regulations fill a fundamental gap in California employment law. As a result, employees who are not fired but are subjected to discrimination, harassment, or other forms of retaliation at work may find it more difficult to obtain legal assistance.
Employees who are subjected to retaliation by their employers as a result of exercising their rights under these statutes have legal recourse under California's whistleblower and retaliation laws. For more inquiries, ask your Newport Beach Labor Law Attorney for advice.
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