Like all states, California has its own specific employment laws. Hence, your legal options for wrongful termination can be different here than in other states. Here's a quick guide to Wrongful Termination in California, as they are often handled by our prescreened West Covina Labor Lawyers.
What Counts As Wrongful Termination According To California Employment Law
Since California has specific employment laws, let's define what counts as "wrongful termination." After all, people can get fired for a whole host of reasons, sometimes rightfully so. That's why it's important to know when you have the right grounds to file a claim against your employer.
If any of the following apply to you, you may have been wrongfully terminated:
- Discrimination, retaliation, or some other criminal cause is the real reason you were dismissed.
- You were dismissed for violating an employment contract or agreement.
- if there is an underlying statutory or law infringement
- Even if you were not fired, you might have been compelled to quit for an improper cause.
Wrongful termination can occur if you are fired or forced to quit within six months of the following events:
- You have reported sexual harassment, discrimination, and retaliation.
- you return from medical leave or request permission to take one
- you have returned from maternity leave or have requested maternity leave
- When you've requested a job accommodation due to an injury
- You've made a complaint about discrimination to HR
- You've sent a complaint about unpaid overtime, meal, or rest breaks that were disrupted
- When your supervisor, coworker, or customer has harassed you
- After you've refused to do something that's against the law
Although California law protects employees from wrongful termination, employees can often be exploited because they are unfamiliar with the nuances of the law. In addition, some dismissed employees may be unsure if the circumstances surrounding their dismissal were "wrongful." As a result, wrongful termination can occur in various settings and for a variety of reasons.
If you believe you were fired unlawfully, contact our prescreened West Covina Labor Lawyers as soon as possible.
How To File A Wrongful Termination Claim In California
In some circumstances of wrongful termination, claimants must follow a precise procedure to successfully protect their rights. Both federal and state laws protect employees. Your West Covina Labor Law Attorney can assist you in properly filing a claim and ensuring that the process runs as smoothly as possible.
The Equal Employment Opportunity Commission (EEOC) is a federal administrative organization tasked with reviewing workplace discrimination claims and, if appropriate, wrongful termination resulting from discrimination.
The California Department of Fair Employment and Housing (DFEH) is the EEOC's state counterpart. It likewise analyzes discrimination cases in California companies.
The claimant must exhaust administrative remedies with the EEOC and DFEH before filing a lawsuit based on a violation of specific anti-discrimination and related laws.
In the event of wrongful termination, the EEOC and the DFEH can be called. However, before filing a lawsuit in state court, you must first get a "Right to Sue" notice. A prescreened West Covina Employment Lawyer can assist you in navigating your alternatives and providing additional information on the subtleties of state and federal proceedings.
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