Most people have a basic awareness of illegal acts by an employer, such as sexual harassment and discrimination based on one’s race or ethnicity. However, what happens when you suspect that such conduct is the reason you were fired from your job? You may have grounds for a wrongful termination lawsuit, but proving that your employer is guilty of such conduct is extremely challenging.
As with any legal action, a lawsuit for unlawful termination is long and arduous, but the end result is compensation for your monetary losses and holding your employer accountable for discrimination and retaliation. Many people choose to go down this road and find that it gives them a sense of closure and empowerment.
Whether a lawsuit is right for you is a personal matter. However, we believe it would be of benefit to speak with a Montebello wrongful termination lawyer before you make a decision. That’s why our legal team is eager to meet with you for a free consultation, which you can schedule by contacting our office.
Wrongful Termination under California Law
It’s important to be clear on what it means for a termination to be “wrongful.” It seems that many circumstances fit under this category, but the law is much more specific. For an employer to be sued for wrongful termination, there must be instances of legal violations under California and/or federal labor laws.
Someone who was fired may be unaware of these protections, considering that California has an at-will employment policy. Essentially, workers can be fired any time for any reason or no reason at all, just like they can quit their job at any time with or without notice. However, there are reasons that cannot be used to fire someone, which we will cover in this article.
Legal Framework for a Wrongful Termination
So, it’s an unfortunate reality that workers in California can lose their job at any point, unless they have a contract that specifies a term of employment. On the other hand, employment laws protect people from being fired on the basis of protected characteristics, which are specified in the following laws: the federal government’s Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Protected characteristics that cannot be used as a basis for termination of employment include:
- Gender or gender identity / expression
- Race, nationality, or ethnicity
- Disability (physical and mental)
- Religion / spiritual beliefs
- orientación sexual
- Afiliación política
- El embarazo
- Estado civil
- Situación Militar
Common Examples of Unlawful Termination
Most incidents of wrongful termination in Montebello and other California cities are based on the employer’s desire to punish the employee and send a message to other workers. This is known as retaliation, and those who are affected can fight back with guidance from an employment rights attorney. Below are examples of retaliation that can form the basis of a wrongful termination claim:
- Contacting a government agency about unsafe working conditions
- Filing a complaint of harassment or discrimination with Human Resources
- Taking leave time for a serious medical condition under the FMLA or CFRA
- Asking for reasonable pregnancy / disability accommodations
- Filing a claim for workers’ compensation benefits
- Refusing to take part in illegal activities that are requested by the employer
- Being part of a workers’ union
- Giving information / testimony to a lawyer or government agency for an investigation on the employer
Protected Leave Time for Eligible Employees
Workers may be entitled to a certain amount of unpaid, protected leave time under the Family and Medical Leave Act and the California Family Rights Act. This time allows you to request extended leave when you or a family member is suffering due to a serious medical condition. Such laws ensure that the worker does not have to worry about being fired, demoted, or suffering other adverse employment actions when they return to work.
Unfortunately, some employers take the chance of violating the laws and firing someone that requests or comes back from medical leave. This is in spite of the fact that the laws provide qualifying employees with up to 12 weeks leave within a 12-month period for:
- Treating a serious medical condition
- Taking care of a family member who has been diagnosed with a serious illness / condition
- Bonding time with an infant after childbirth
- Bonding with a child that’s been newly adopted
- Staying at an in-patient rehabilitation facility for an addiction
Termination Versus Laid Off: What’s the Difference?
A lay off is a type of termination that’s different than being fired from one’s job. If you are laid off, the reason is a business decision rather than a personal issue that has to do with your job performance. For example, you may have heard of mass layoffs following a bankruptcy or corporate merger.
However, it’s possible that a lay off can still have a basis in reasons that are illegal, like discrimination and retaliation. Employers must ensure that a termination of any kind is free of discriminatory acts or retaliation for the employee engaging in a protected activity.
Constructive Discharge as a Form of Wrongful Termination
Instead of firing someone directly, an employer may choose to go about things in an indirect manner, like forcing the employee to quit their job because of intolerable conditions at work. This is referred to as constructive discharge or constructive dismissal, and it’s another form on wrongful termination that goes against existing labor laws.
The key is to prove that the employer intentionally created a toxic environment for the purpose of getting the employee to give up their job. The toxic environment that was created by or tolerated by the employer affected the employee’s health and job performance to the point where a reasonable person in a similar situation would have resigned from the position.
It’s essential that you speak with a wrongful termination lawyer right away if you believe that your loss of employment is a result of constructive termination. Our team of employment lawyers in Montebello will fight to secure maximum payment for damages like back pay, damage to your professional reputation, and emotional distress.
Póngase en contacto con nuestra firma de abogados
If you are looking for a wrongful termination lawyer in the city of Montebello, don’t hesitate to call 24 hours a day, 7 days a week. Our attorneys have a solid track record of settlements and jury verdicts for employees that were fired illegally by California employers. We are ready to build a strong case on your behalf and fight for the justice you deserve by law.
We charge $0 upfront under the Zero Fee Guarantee. So, you can hire us without spending a cent, and if we fail to secure compensation on your behalf, you owe us absolutely nothing.
To learn more about your rights and legal options, contact California Labor Law Employment Attorneys Group and schedule a free case review.
