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Wrongful termination occurs when an employee is unlawfully fired in violation of state or federal laws. In California, employees enjoy robust legal protections against wrongful termination. This article explores the specific laws in California that safeguard employees from unjust dismissal, ensuring their rights are protected in the workplace.
California, like most states, follows the principle of at-will employment, which means that, in the absence of a contract, either the employer or the employee can terminate the employment relationship at any time and for any reason.
Despite at-will employment being the default, several exceptions have been established under California law to protect employees from wrongful termination.
The California Fair Employment and Housing Act (FEHA) is a critical piece of legislation that prohibits discrimination, harassment, and retaliation in employment based on protected characteristics, such as race, gender, age, disability, sexual orientation, and more.
FEHA prohibits employers from retaliating against employees who assert their rights under the Act or oppose discriminatory practices. This includes protection for employees who report discrimination, harassment, or participate in related investigations.
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a) California Labor Code §1102.5:
Under California Labor Code §1102.5, employees are protected from retaliation if they disclose information to a government or law enforcement agency about a violation of state or federal laws, rules, or regulations.
b) Protection for Reporting Illegal Activities:
Employees who report illegal activities, health and safety violations, or other unlawful conduct are shielded from retaliation by their employers.
a) Family and Medical Leave: The California Family Rights Act (CFRA) provides eligible employees with the right to take unpaid leave for specified family and medical reasons, such as the birth or adoption of a child, caring for a seriously ill family member, or the employee’s own serious health condition.
b) Protection Against Retaliation: CFRA prohibits employers from retaliating against employees who exercise their rights to take leave under the Act.
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Under the California Pregnancy Disability Leave Law (PDLL), employees are entitled to take job-protected leave for pregnancy-related conditions, including childbirth, pregnancy-related disabilities, and prenatal care.
In addition to CFRA, California provides additional protections through the Family and Medical Leave Act (FMLA), which grants eligible employees the right to take unpaid leave for qualifying reasons, such as a serious health condition or to care for a family member with a serious health condition.
Protection for Public Employees:
The California Whistleblower Protection Act safeguards public employees from retaliation when they report improper governmental activities, violations of laws, or other misconduct by public entities.
a) Protected Activities: Various provisions in the California Labor Code protect employees from retaliation for engaging in specific activities, such as reporting wage violations, cooperating with labor law enforcement agencies, or participating in labor union activities.
b) Workers’ Compensation: Employees who file workers’ compensation claims or exercise their rights under the Workers’ Compensation Act are safeguarded from retaliation by their employers.
Employees who experience wrongful termination in violation of these protective laws may seek remedies such as reinstatement, back pay, front pay, compensatory damages, punitive damages, and attorney’s fees.
California has established specific laws that safeguard employees from wrongful termination. These laws provide protection against discrimination, harassment, retaliation, and other unfair practices in the workplace. Employees who face wrongful termination can seek legal recourse and obtain remedies to address the harm caused by their unlawful dismissal. Understanding these laws empowers employees to assert their rights and promotes a fair and just working environment.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.
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