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Top Reasons You Should File a Wrongful Termination Claim

HomeBlogTop Reasons You Should File a Wrongful Termination Claim
November 07, 2023

While California is an at-will employment state, and your employer doesn’t need a reason to fire you, this doesn’t mean there are no legal boundaries. Some firings are considered wrongful terminations, and knowing the prime examples can help you protect your own rights. If you believe your termination may have been illegal, discuss your concerns with an experienced California wrongful termination attorney today. 

Discrimination

The Fair Employment and Housing Act protects employees from being discriminated against, including being fired on the basis of any of the following:

  • Age – if over 40
  • Ancestry
  • Color
  • Creed
  • Disability
  • Marital status
  • Medical condition
  • National origin
  • Race
  • Religion
  • Sex
  • Sexual orientation

The list could go on. If you believe your termination was based on discrimination, seek legal guidance. 

Taking Leave

Employees who are covered by family medical leave are entitled to take it, and wrongful termination is presumed if such an employee is fired within 30 days of requesting family medical leave or within 90 of returning from said leave.

Whistleblowing

Whistleblowing refers to the act of reporting an employer’s potentially illegal actions to the authorities, and being harassed or terminated as a result is against the law. 

In Violation of an Implied Contract

Not every contract is in writing and signed. When there is an agreement between employer and employee that both recognize, failing to abide by the agreement may be illegal. Examples of implied contracts include listing fireable offenses in an employee handbook or letting an employee know that their job is safe as long as they follow company policy.

Refusal to Violate the Law

Being fired because you refuse to go against public policy, which generally means the law, is a blatant form of wrongful termination. These cases can be especially difficult to prove, however, because they involve two forms of wrongdoing, and employers who break the law tend to be very careful about covering their tracks. Legal guidance is advised. 

Filing a Workers’ Compensation Claim

Being fired for seeking the compensation to which you’re entitled under workers’ compensation is retaliation, and it amounts to wrongful termination. 

Insufficient Notice of Mass Layoff

California employers who have at least 75 employees are required to provide 60 days of notice prior to either of the following:

  • Before laying off 50 or more employees
  • Before closing a facility entirely or relocating it

Failure to do so can lead to court orders requiring the employer to pay wages and benefits for the number of days that the notice provided fell short of the 60-day mark. 

Turn to an Experienced California Wrongful Termination Attorney for the Help You Need Today

The focused wrongful termination attorneys at Olivier & Schreiber PC – in both Oakland and Pasadena – are passionate about skillfully defending the rights of employees like you, and we’re standing by to help. For more information about what we can do for you, please don’t wait to reach out and contact us today.

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