You may be aware that certain conduct like sexual harassment and racial discrimination in the workplace are illegal acts. However, proving that unlawful circumstances are the reason you were fired from your job can be extremely challenging.
Ultimately, there is no short and simple path to justice when you are a victim of wrongful termination. Many factors must be examined in order to determine if you have a case, and the steps you can take to hold your employ accountable. This is why legal representation from a California employment lawyer is essential.
Do you need advice from a wrongful termination attorney in the city of Compton? Our legal team is ready to advise you on your rights and legal options, and we are happy to provide you with a free consultation. Please contact us at your earliest opportunity.
Wrongful Termination in California
The idea that a termination is “wrongful” means different things for different people. However, many people look at things form a personal perspective, like whether a termination is fair or unfair. However, wrongful termination is based on legal violations of federal and state laws that exist to protect workers from intolerable treatment by the employer.
The fact that such protections exist at all is surprising to some people, as California operates under the principle of at-will employment. These states allow employers to fire a worker for cause or no cause, with or without notice. So, it would seem that a worker can be fired at any time, and there’s nothing they can do about it. But this is not true, as you will see throughout this article.
Legal Basis for a Wrongful Termination
Though California employees face the possibility of losing their job at any time, they cannot be fired on the basis of harassment, discrimination, and retaliation. Various statutes prohibit such conduct by the employer, like the California’s Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964. Anti-discrimination is a critical aspect of both statutes, and employers are forbidden from terminating someone’s employment on the basis of protected characteristics such as:
- Race, ethnicity, or nationality
- Religious / cultural beliefs
- Gender, including gender identity
- Physical or mental disability
- Age
- Pregnancy
- Sexual orientation
- Marital status
- Military status
- Political beliefs
Examples of Unlawful Termination
Retaliation is the motive behind most cases of wrongful termination in Compton and other cities in California. This practice is illegal, and workers have the right to fight back with help from an experienced employment attorney. Examples of retaliation include terminating a worker for:
- Filing a discrimination or harassment complaint with HR
- Reporting unsafe work conditions to a government agency
- Asserting one’s right to disability or breastfeeding accommodations
- Taking extended leave for a medical condition under the CFRA or FMLA
- Filing a workers’ compensation claim
- Refusing to engage in illegal activities on behalf of your employer
- Joining a workers’ union
- Giving information to a government agency or lawyer during an investigation on your employer
These are just some of the conditions that can serve as grounds for a wrongful termination lawsuit. If you believe that your recent job loss was a violation of state and federal labor laws, contact our office immediately.
Protected Leave Time for Workers in Compton
The concept of leave for a medical emergency or serious, long-term medical condition merits further examination. Many employers in California provide paid leave for days when you are sick or have a personal emergency. However, you may have extended leave that’s guaranteed by statutes like the Family and Medical Leave Act. Unfortunately, some workers that ask for or come back from legally protected leave are subjected to adverse treatment from the employer, including wrongful termination.
Please note that if you are a qualifying employee, the Family and Medical Leave Act and the California Family Rights Act allows you to take up to 12 weeks off in a 12-month period for the following reasons:
- To treat a serious medical condition for yourself
- To take care of a seriously ill family member
- To bond with an infant after giving birth (maternity leave)
- Bonding with a newly adopted child
- Caring for a sick family member
- In-patient treatment for an addiction (stay at a rehabilitation facility)
What is the Difference between Termination and being Laid Off?
Being laid off is a different category of termination, so it is not the same thing as being fired. When someone is laid off, it is typically the result of a merger, bankruptcy, restructuring, or another business strategy. In most cases, numerous workers are laid off at the same time, or over a period of months, so this is not a matter of the employees doing something wrong.
Even if you were laid off versus being fired, the basis of why you were let go may be illegal. Under California law, employers still have to ensure that the termination was not out of retaliation, discrimination, or harassment. So, you may still have reason to seek justice from a wrongful termination claim if you were laid off versus fired from your job.
Resigning from Your Job – Constructive Discharge
Employers are not unaware of the laws that protect workers from wrongful terminations. As a result, some of them use tactics like constructive discharge to get rid of an employee. Also known as constructive dismissal, this is a special category of unlawful termination that has to do with a worker quitting the job voluntarily.
In this scenario, an employer compels the worker to give up their job by createing a work environment that is intolerably toxic and/or unsafe. This way, they have not actually fired the employee, and they can get away with saying that the person resigned from the position on their own. However, constructive discharge is illegal under the law, and we can help you file a claim for wrongful termination.
If you are thinking about resigning due to an intolerable, toxic work environment that is targeted towards driving you out, contact our attorneys right away. We can help you initiate a constructive discharge complaint against your employer and ensure that your legal rights are protected during and after the resignation process. Or, if you have already left your job, we can help you gather evidence and build a strong case for monetary damages, like front and back pay, emotional distress, and damage to your professional reputation.
Contact a Compton Wrongful Termination Lawyer
If you were unlawfully fired or forced to resign from your job, please know that help is available 24/7 here at California Labor Law Employment Attorneys Group. Our law firm is comprised of employment lawyers with decades of experience in wrongful termination lawsuits. We are more than ready to fight for your rights and secure maximum payment on your behalf.
You pay $0 upfront if you would like us to represent you. Attorney’s fees are charged on a contingency fee basis, meaning that we only get paid by recovering the payment you are owed. So, there is no risk to your finances at any point when you retain our law firm.
Please get in touch with us today and schedule a free, private case review if you are a Compton, CA resident who was wrongfully terminated.
