Hearing that you’re being terminated from your job can be a stressful situation. In most cases, an employer has a valid reason to terminate an employee, such as failing to perform workload tasks and disobeying company policies. However, in some instances, employees can be wrongfully terminated, meaning that it went against an employee’s contract or public law. At Olivier & Schreiber LLP., we’re here to help California employees understand the common signs of wrongful termination and how our services can help if this occurs.
Though employers have the right to terminate an employee, they cannot do so for an illegal reason. Here are some common ways that an employer may wrongfully terminate an employee:
Employees are protected by law from discrimination against their employees based on factors such as race, sex, nationality, and religion. It is illegal for an employer to fire an employee solely based on these factors. In addition, an employee can’t be terminated for speaking out against discrimination in the workplace. For example, if an employee recognizes that their coworker is being discriminated against, they are protected by law to report this. If an employer terminates the employee for doing so, it is known as whistleblower retaliation, an illegal practice.
When individuals accept employment, they will sign an employment contract that outlines their rights and responsibilities as an employee. If an employer attempts to fire an employee for something not specifically outlined in the contract, it can be viewed as wrongful termination. Employees can file a complaint against their employer for breaching their contract.
Employees are entitled to certain pay and benefits associated with any given job. Employers may sometimes try to withhold an employee’s pay or benefits, which is illegal in California. Whistleblower retaliation can occur if an employee speaks up about this situation and is terminated for doing so. California laws help protect employees’ compensation, and employers can face the consequences for failing to provide promised benefits to their employees.
The Family and Medical Leave Act, also known as FMLA, protects employees if they need to take time away from work in instances such as maternity leave or medical emergencies. If an employee meets the eligibility requirements for FMLA, they will be protected from being fired due to their absence. Oftentimes, employers will attempt to terminate an employee for taking time off work, even with their FMLA protection. Doing so is considered wrongful termination, and employees can speak out against their employer for violating this act.
If you’ve experienced wrongful termination, our team at Olivier & Schreiber LLP. is here to help. We can explain your rights in the workplace, identify what rights have been violated, and discuss legal actions that can be taken. In addition, we can answer any questions you may have about wrongful termination and how our services can help you receive the compensation you deserve.
If you’re ready to discuss wrongful termination in California, contact our team today. We look forward to speaking with you soon.
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