California has one of the most comprehensive labor safeguards in the United States. Employees are protected against discrimination and retaliation, implying that businesses are prohibited from firing employees for illegal or unethical reasons. However, this does not exclude employees from being fired. It only needs to be lawful grounds for their dismissal.
Here's a basic rundown of Wrongful Termination in California, including what qualifies and what doesn't.
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What Are The Legal Grounds For Firing An California Employee?
Employees who have been fired can file a claim with the Equal Employment Opportunity Commission right away (EEOC).
When this happens, the employer must show that the dismissal was based on specific behavior rather than prejudice against a group or class of people. In legal terminology, this is known as "firing for cause." In general, there are a half-dozen types of valid termination reasons:
- Incompetence, such as a lack of productivity or low job quality
- Insubordination
- Dishonesty or disobedience to company policies
- Attendance problems, such as frequent absences or persistent tardiness
- Theft or other criminal acts, such as disclosing trade secrets
- Sexual harassment and other forms of discrimination
- Threats of physical violence towards coworkers
All of these acts impair a business's capacity to function properly. If you're still unsure if your supervisor fired you legally, speak with a California Employment Law Attorney.
After all, no two cases are alike, so do your homework and seek the correct individuals for advice on what to do next.
What Are California's Illegal Reasons For Firing Employees?
Even though it is an at-will employment state, workers are protected from being fired for illegal grounds. You might be eligible to sue your employer for damages if you were fired illegally in California.
If you were fired or terminated for the following illegal reasons, you have the right to file a lawsuit against your employer:
- Discrimination is based on age, ethnicity, skin color, sex, gender, religion, sexual orientation, marital status, military/veteran status, genetic information, national origin, whistleblower status, disability discrimination, and other factors.
- Making a request for assistance for disability and religious accommodations
- Using your right to take family and/or medical leave
- Taking leave to vote
- Taking part in a jury
- Firing in violation of anti-discrimination laws
- As a form of harassment
- Constructive dismissal
- In retaliation to employees who have filed a complaint or claim against the employer
Some violations are illegal, while others compel the employer to reimburse the terminated employee for lost wages and other expenses. Furthermore, in some cases, a Wrongful Termination claim may result in the company paying punitive damages to the terminated employee.
You'll need adequate evidence to prove you've been discriminated against, retaliated against, or unlawfully fired when filing an employment law claim. Hire a California Employment Lawyer who has been pre-screened to assist you in gathering evidence, organizing your papers, and meeting crucial deadlines.
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