Many people are aware that acts like sexual harassment, retaliation for going to the authorities, and racial discrimination are illegal in the workplace. However, it can be very challenging to prove that you are a victim of discrimination and other unlawful conduct when you are wrongfully terminated.
We cannot deny that wrongful termination is an extremely complex area of employment law. There are many factors that are unique to each claimant, and determining whether you have a case against your employer is not a decision you can make on your own. This is why it’s essential to connect with an employment lawyer at your earliest opportunity.
Are you looking for legal advice on the subject of wrongful termination from your job? Do you need a lawyer that specializes in wrongful termination lawsuits in the city of Corona? Our law firm is prepared to meet with you for a free, confidential consultation. If you are ready to explore your rights and legal options, don’t hesitate to give us a call.
¿Qué es el despido injustificado?
Understandably, the term “at-will” employment tends to cause confusion when it comes to the subject of wrongful termination. This policy allows employers to fire someone with or without notice, even if their work performance is completely satisfactory. They can do this without giving any kind of reason, though many employers do so out of courtesy.
But even with this policy firmly in place, there are certain reasons that cannot be used to fire an employee, and this is where the term “wrongful termination” comes into play. Throughout this article, we will explore what it means to be wrongfully terminated, and what actions you can take to seek justice from your employer.
Legal Basis for an Illegal Termination
More often than not, a wrongful termination is based on one or more of the following: discrimination, retaliation, and harassment. There are numerous statutes that protect employers from unlawful termination, such as California’s Fair Employment and Housing Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964. Below are just some of the protected categories that cannot be used to terminate a worker’s employment:
- Gender (or gender identity / expression)
- Discapacidad
- Raza / etnia
- Edad
- Being pregnant or needing breastfeeding accommodations
- Creencias religiosas
- Estado civil
- orientación sexual
- Political beliefs or participation in political activities outside of work
Examples of Wrongful Termination in Corona, California
In spite of California’s at-will employment policy, employers must ensure that a termination does not violate state and federal labor laws. With that in mind, Corona, CA employers cannot fire an employee for:
- Taking protected leave time under the FMLA or CFRA
- Filing a workers’ compensation claim.
- Reporting workplace discrimination to HR or a state agency
- Complaining about sexual harassment
- Refusing to take part in illegal activities
- Participating in and joining a workers’ union
- Asking for reasonable accommodations due to a disability or serous medical condition
- Reporting hazardous conditions in the workplace to a federal or state regulatory agency
These and other conditions cannot be used as a basis for terminating someone’s employment. If you suspect that your employment was cut short because of one or more reasons that go against the law, we can help you take legal action and obtain compensation for the harm you suffered.
Protected Leave and Wrongful Terminations
Retaliation, i.e., punishing workers for asserting their employment rights occurs far too often in workplaces throughout California. For example, the vast majority of employees qualify for state and federally protected leave. But those who take the time off or come back from leave can end up being fired or punished in some other way.
Situations where a worker can use legally protected leave time include:
- Caring for a sick family member
- Taking protected leave to bond / care for an infant or adopted child
- Being diagnosed with a disability
- Needing time off for jury duty
- Requesting time off for a serious physical / mental health condition
- Military service
- Maternity leave
- Giving testimony or participating in an investigation
- Volunteer duty as a first reservist or responder
- Votación
- Spending time in a rehabilitation facility for alcohol / substance abuse
Is a Lay Off the Same Thing as a Discharge?
When a company lays people off, the termination is not the same thing as being fired. This is a decision that has to do with business strategy (cutting costs, for example) and not the employee’s work performance and conduct. So, being laid off is not something that can be blamed on the worker, though the end result of not having a job is the same.
Even if one is laid off, the reason for this action by the employer may be illegal, and the affected workers may have cause to fil a wrongful termination claim. But it’s difficult for the average person to discern whether a termination or lay off goes against the law, and that’s why it’s important to discuss what happened to you with a seasoned employment rights attorney.
Being Fired (or Discharged) versus Resigning from Your Job
Some employers take a slow and insidious approach to getting rid of someone they no longer want on their team. They do this by creating a hostile work environment that’s targeted towards one individual or a group of individuals. Essentially, the bullying, harassment, and other toxic treatment become so unbearable that the worker voluntarily quits.
You can see why this is an enticing option to the employer, since they did not technically fire the employee. Thus, accusations of adverse employment actions like wrongful termination cannot be levied against them.
In some cases, the employer may offer severance packages and other attractive benefits to further entice the worker. Please note that even if you quit your job, the issues that compelled you to resign may be used as grounds for a constructive termination lawsuit. If you are still working for the employer, we urge you to contact us immediately and get our advice before you agree to leave or sign a severance package agreement in exchange for your right to file a lawsuit.
If, on the other hand, you have already resigned, you should still talk to an attorney about the option of filing a wrongful termination complaint and/or lawsuit. We can talk to you about the requirements to prove a case of hostile work environment that compelled you to quit. That way, you can obtain compensation for lost wages, emotional distress, and other damages while holding your employer accountable for their unacceptable conduct.
Contact a California Employment Lawyer
If you were terminated for an unlawful reason or compelled to resign from your job due to intolerable circumstances, contact our law firm as soon as possible. Legal advice and protection from an experienced legal team is crucial, whether you were fired on the basis of harassment, discrimination, or retaliation.
Our law firm has always operated under the principle of charging victims $0 for the cost of legal services. We demand all legal fees from the party you are suing, and payment is only issued to us as a part of your settlement or jury award. This agreement is provided to you as a part of the Zero Fee Guarantee here at California Labor Law Employment Attorneys Group.
We are ready to hear your story and fight for the compensation you are entitled to. Reach out to us today and schedule a free case review.
