Wrongful Termination California_

Wrongful Termination California

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What Qualifies For Wrongful Termination In California?

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When Is It Illegal To Fire Someone In California?

Although it may not be as common as workers think, there are still situations where a firing can be considered unlawful. Here are some of the instances where termination is illegal in California.

  • Breach Of Contract

Certain individuals have an employment agreement that offers job protection by imposing limits on the circumstances under which they can be terminated. These agreements usually specify that the employee can only be dismissed for “good cause” and identify what type of behavior is considered “cause.”

If the reason for termination does not align with the criteria outlined in the agreement, the employer is in breach of the contract. In such a scenario, the employee has the right to file a lawsuit.

  • Breach Of Covenant Of Good Faith And Fair Dealing

When parties sign a legal contract, they are bound by an implicit covenant of good faith and fair dealing. This covenant requires both parties to avoid taking any action that would unfairly hinder the other party from receiving the benefits of the agreement. This includes refraining from misleading the other party or engaging in any behavior that gives them an unfair advantage.

In the context of employment, an employer is expected to cooperate with their employees to facilitate the completion of their work. Any actions that obstruct, evade, or intentionally mislead employees may be seen as breaches of the covenant of good faith and fair dealing.

If an employee is fired under such circumstances, they may have grounds to file a wrongful termination claim in California.

  • Retaliation Of Complaints Of Sexual Harassment

If you experience workplace sexual harassment, your employer has a legal obligation to provide a work environment free from such behavior. Reporting any incidents of sexual harassment to your employer is your legal right, and they are prohibited from retaliating against you for doing so under California law.

Retaliation can include firing or taking other negative actions against you because of your complaint or participation in a sexual harassment investigation.

If you are fired because of your participation in a sexual harassment proceeding, you may have grounds for an unlawful termination lawsuit.

  • Retaliation For Taking Family Or Medical Leave

To prevent discrimination, California laws protect workers who take or ask for family medical leave from being fired by their employers. If you use sick leave for medical treatment or preventative care, and you are fired within 30 days of using it, it is presumed to be a wrongful termination. It is up to the employer to prove otherwise. Moreover, employees can take up to twelve weeks of leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) without the fear of being fired. If you are fired during your FMLA leave or 90 days after returning from it, the law assumes it is a wrongful discharge, and your employer must prove otherwise.

  • Whistleblower Retaliation

Your employer is not allowed to terminate your employment for reporting any illegal activities or violations of the law by your employer. This is known as “whistleblowing”. If you report any safety or health hazards at your workplace, and your employer terminates your employment as a result, it would be considered an unlawful termination.

  • Retaliation For Complaining About Wage Law Violations

Your employer cannot terminate your employment for reporting or filing complaints about any violations of California’s state Labor Code regarding wage and hour regulations. This means that if you file a complaint about unpaid wages, overtime pay, or unpaid meal and rest breaks, your employer cannot retaliate against you by firing you. Even if you are advocating for the rights of other employees, you are protected from retaliation under the Labor Code. You are also protected if you file claims with the Department of Industrial Relations for unpaid wages or if you exercise any rights that are protected by the Labor Code.

  • Pregnancy Discrimination 

An illegal form of termination is when an employer fires an employee because of their pregnancy status. It is prohibited under both the California Fair Employment and Housing Act and the Pregnancy Discrimination Act to terminate an employee because they are pregnant, have pregnancy-related medical issues, or made the decision to become pregnant. If an employee requests pregnancy-related accommodations such as leave and is denied or terminated as a result, this would also be considered discrimination based on pregnancy.

  • Discrimination Against A Protected Class

The civil rights law of California prohibits companies with at least five workers from engaging in hiring discrimination on the basis of specific personal characteristics. These characteristics define a “protected class.” If an employee’s dismissal is due to their membership in a protected class, it may be deemed wrongful termination and provide a basis for a lawsuit. California recognizes various protected classes, including race, color, national origin, ancestry, sex, religion, age (if over 40), disability, genetic information, marital status, sexual orientation, gender identity, AIDS/HIV positive status, medical condition, political activities or affiliations, military or veteran status, victims of domestic violence, assault or stalking, or citizenship status. Some cities may also recognize additional protected classes. For example, San Francisco prohibits discrimination by employers based on an employee’s height and weight.

  • Violation Of Public Policy

According to California law, employers may face a lawsuit for wrongful termination if they terminate an employee who is carrying out their legal obligations or exercising their legal rights or privileges, or acting in the interest of the public. This can occur when an employee is fired for refusing to violate a statute, performing a statutory duty, exercising a statutory right or privilege, or reporting an alleged violation of a statute that is of public importance. For instance, it is against the law to terminate an employee for taking time off to serve on jury duty since it is a legal obligation. Similarly, an employer cannot terminate an employee for refusing to engage in illegal activities such as fraud on behalf of the employer. However, for this violation to apply, the circumstances must potentially affect the public at large, rather than just the personal interests of the employee and employer.

  • Other Forms Of Retaliation And Discrimination

There are several other specific situations in which your termination may be considered discriminatory or retaliatory under California labor laws if it is related to protected circumstances. For example, if you request lactation accommodations, ask for benefits available to victims of particular crimes, or serve as a volunteer firefighter, your firing may be deemed illegal. The California Department of Industrial Relations has a catalog of these and other specific laws that forbid retaliation and discrimination.

The Time to Act is Now 


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.

Complete The Form Or Call – (888) 301-9971

California State And Federal Laws To Protect Employees From Wrongful Termination

To safeguard employees from unfair dismissal in California, various laws exist that prevent employers from engaging in wrongful termination. Wrongful termination transpires when an employer unlawfully terminates an employee’s job, and it can occur due to a variety of reasons such as discrimination, retaliation, or an employee’s refusal to engage in illegal activities. The following laws have been enacted in California to safeguard employees from wrongful termination.

  • California Labor Code

The California Labor Code has established several employee protections, which include provisions prohibiting employers from terminating employees for various reasons. These grounds comprise an employee’s involvement in legitimate political activities, taking time off for jury service or court testimony, and reporting wrongdoing or illegal activities, also known as whistleblowing.

  • Title VII Of The Civil Rights Act Of 1964

Title VII of the Civil Rights Act of 1964 is a federal law that forbids discrimination based on protected characteristics such as race, color, religion, sex, or national origin. Employers with a minimum of 15 employees are subject to this law, and it prohibits employers from terminating employees based on any of these protected traits.

  • Americans With Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is another federal law that shields employees from unjust termination. This law prohibits employers from terminating employees due to their disabilities, provided that the employee can carry out critical job functions with or without reasonable accommodations.

  • Age Discrimination In Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) is a federal law that bars employers from terminating employees aged 40 or above due to their age. This law applies to employers who have a minimum of 20 employees.

  • Family And Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that safeguards employees who require time off work for particular family or medical reasons. Employers are restricted from dismissing employees who take leave under the FMLA, provided that the employee comes back to work once the leave period ends.

  • California Fair Employment And Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) is a state law that grants additional safeguards to employees. The FEHA prohibits employers from dismissing employees based on their protected traits, such as race, religion, sex, gender identity, sexual orientation, disability, or age, among others.

  • California Whistleblower Protection Act

The California Whistleblower Protection Act is a state law that defends employees who reveal illegal conduct by their employer. Employers are not allowed to terminate employees who report such activity, and employees who face retaliation for whistleblowing may be eligible for reinstatement, back pay, and other compensations.

At Wrongful Termination California, our lawyers have a deep understanding of both state and federal laws that protect employees from wrongful termination. With years of experience in handling employment law cases, we have developed a comprehensive understanding of the legal framework that governs these cases. Our lawyers keep abreast of changes in the law and regularly attend legal education courses to stay up-to-date on the latest developments.

Our attorneys can help employees who have been wrongfully terminated by examining the facts of each case and identifying the relevant legal protections. We will work to gather evidence to support your claim and will build a strong case on your behalf. Our lawyers will negotiate with your employer and their legal representatives to reach a settlement that is fair and just. If necessary, we are prepared to take your case to court and will fight tirelessly to protect your rights and secure a favorable outcome.

The Time to Act is Now 


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.

Complete The Form Or Call – (888) 301-9971

Helping Employers Fight Wrongful Termination Lawsuits

Wrongful Termination California recognizes the emotional and financial stress that wrongful termination can cause for employees. To provide support and relief during this challenging time, we offer a free consultation to review the details of your case and provide you with honest feedback on your legal options. Our team of experienced attorneys will carefully listen to your story, ask pertinent questions, and collect all the necessary information to offer you an accurate assessment of your case.

Furthermore, we work on a contingency fee basis, meaning we only get paid if we win your case. This approach guarantees that you will not have to worry about upfront costs or hidden fees when working with us. Instead, we only receive payment if we successfully resolve your case, ensuring that our incentives are aligned with yours.

At Wrongful Termination California, we are dedicated to providing exceptional legal services to employees who have been wrongfully terminated. Our knowledge and experience in state and federal employment laws enable us to navigate complex legal systems and help you build a strong case. We are passionate about fighting for the rights of employees and will work tirelessly to ensure that you receive the compensation and justice you deserve. Contact us today to schedule your free consultation and take the first step toward finding a resolution.

Free Consultation From Wrongful Termination California

At Wrongful Termination California, we have extensive experience in employment law and can help you maximize the compensation you receive if you’ve been wrongfully terminated. Our expert attorneys are well-versed in California employment laws and have successfully assisted numerous clients in obtaining the compensation they deserve.

Our team will thoroughly investigate your case, gather evidence, and assess your damages, including lost wages, emotional distress, and other losses. Using this evidence, we will negotiate aggressively with your employer’s legal team to obtain a fair settlement that fully compensates you for your harm. If necessary, we are willing to take your case to trial and fight for your rights and interests.

Working with us increases your chances of obtaining a just settlement or court verdict. Our priority is to help you obtain justice and financial security after your wrongful termination. Don’t hesitate to contact us for a free consultation and learn how we can help you receive the compensation you deserve.

The Time to Act is Now 


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.

Complete The Form Or Call – (888) 301-9971

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