Wrongful Termination California Law
We often hear, “Was I Wrongfully Terminated?” or “I believe I was wrongfully terminated. Do I have a claim?” Most employees believe they were wrongfully terminated. They hear the word “wrongful” and think “unfair.” Wrongful Termination is only part of the legal phrase. It is Wrongful Termination in violation of public policy.
The “violation of public policy” language is what drops off in everyday conversations. Identifying the law, statute, or regulation that was violated in your discharge from employment is very important in determining whether you have a claim. Simply stated, employees shouldn’t be terminated for unlawful (evil) reasons. The phrase that would be more accurate in everyday conversation should really be “Unlawfully Terminated.”
Under California law it is not against the law to terminate an employee, even for a stupid reason. It is only against the law to terminate an employee if the decision is based on an unlawful reason. When a lawyer hears “wrongful termination” they think “unlawful termination.” They immediately start listening for details outlining a potential violation of one of the many laws in place in California protecting employees.
An employee can be terminated for many reasons. They can range from the extraordinary to the peculiar, good reasons and bad reasons, and sometimes no reason at all. However, California law only prohibits termination when the decision is based on an unlawful reason. There are many laws in place that protect employees from termination and the most common examples are discussed here.
It is unlawful to terminate someone because they belong to a protected group or class. These include the protected classes under the Fair Employment and Housing Act (FEHA); race, religious creed, color, national origin; ancestry; physical disability; mental disability; medical condition; genetic information; marital status; sex; gender (including pregnancy); gender identity; gender expression; age; sexual orientation; military or veteran status.
It is also against California law to terminate someone for doing something that the law protects like whistleblowing or reporting violations of the law, for refusing to do something illegal, or for doing something permitted under the California Labor Code, etc. There are many unlawful reasons for termination. Most of the time employers hide their true reasons for terminating an employee if they intend on violating the law. This is called pretext. If you think you have been Unlawfully Terminated in Southern California get help! Wrongful Termination California
Economic and emotional damages usually occur when these laws are violated. If you believe you may have been the victim of a Wrongful Termination because of Discrimination, Harassment, Retaliation or Wrongful Termination it is important that you protect your case. Preserve and record any information that might be critical to your case. Such as copies of complaints to your employer about Discrimination or Harassment or inappropriate text messages or emails.
Don’t let your employer’s Discrimination, Harassment and Retaliation end in your Wrongful Termination. Get help instead. We know how to fight against Discrimination, Harassment and Retaliation. We won’t pressure you and we won’t tell your employer. Call Hogie & Campbell for a Free Consultation at (714) 508-6422.
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