It’s safe to say that most of us do not apply for a job with the anticipation that it will soon be taken away from us. Unfortunately, people are let go from their job for all sorts of reasons in California, which operates under the system of at-will employment. But you also have cases where an employer breaks the law in order to fire someone. Maybe they violated the terms of a written contract, or they are biased against people of a certain age, race, political party, or religion.
Wrongful termination can take place in any type of work setting, from major corporations to small, local businesses. If you were fired and believe that your termination was illegal, it’s important to seek legal advice immediately. The Rosemead wrongful termination attorneys at our law firm are ready to hear your story and guide you through the legal process one step at a time. Contact California Labor Law Employment Attorneys Group today and learn about your rights during a free case review.
Do I have a Case for Wrongful Termination?
A wrongful termination occurs when an employer violates federal, state, or local laws by taking away someone’s employment. Alternatively, they are in breach of contract, meaning there was a violation of a written or verbal contract between the employer and employee.
The vast majority of wrongful termination cases are based on workplace discrimination, which violates federal laws, such as Title VII of the Civil Rights Act. Under this law, employers with 15 or more workers cannot discriminate against an employee based on protected characteristics, like religion, sex, race, age, and disability. So, if you were fired because of discriminatory treatment based on a protected trait, you can explore the option of suing your employer for wrongful termination.
Unlawful employment practices are not restricted to hiring or firing someone, by the way. Employees cannot be denied equal access to job opportunities, incentives, and privileges. For example, employers cannot demote someone solely on the basis that they are diagnosed with a serious medical condition. It is also against the law deny bonuses, promotions, and training opportunities because of discrimination against one or more protected characteristics.
Protections at the State Level
California also has anti-discrimination laws to protect workers against negative employment decisions, including wrongful termination. Under the California Fair Employment and Housing Act (FEHA), employers with 5 or more workers cannot engage in discrimination based on race or national origin, genetic information, pregnancy, being 40 or older, having a serious medical condition, and other protected categories.
Employers are also forbidden from biased employment decisions against workers that are pregnant, just gave birth, or need breastfeeding accommodations in the workplace. These workers, along with those who are disabled, may need accommodations, which they have a right to ask for. Of course, the accommodations must be reasonable based on the industry, the employer’s resources, and the employee’s role with the company. A more flexible work schedule, the option to work part-time from home, eliminating non-essential tasks, and more breaks during the day are examples of reasonable workplace accommodations.
Workers in California are also protected by federal legislation, like the Age Discrimination in Employment Act (ADEA). If you are 40 years or age or older and work in a company with at least 20 employees, you cannot be terminated from your job because you are too old. Employers are also forbidden from denying you advancement opportunities and other unfair treatment because you are above a certain age. This is another possibility that can form the basis of a wrongful termination lawsuit in Rosemead, CA.
Other Common Reasons Behind Wrongful Terminations
The truth is, there are many different types of wrongful terminations, and it would be impossible for us to cover all of them in this article. But certain issues come up time and time again when it comes to job loss that violates one’s employment rights. This includes retaliation against workers that go to the authorities about illegal or unethical practices at their workplace. This is known as whistleblowing, and employers are banned from retaliation against whistleblowers under state and federal legislation.
You also have employers that respond with negative repercussions when employees assert their right to workers’ compensation. Many of these cases involve the worker asking for the full range of benefits they deserve by law, and the employer retaliating by terminating their employment. Wrongful termination can also take place if the worker is seriously injured and needs more time off from their job than the employer anticipated. No matter the reason, it’s important to discuss your available legal options with a Rosemead wrongful termination lawyer.
Help from a Wrongful Termination Attorney in Rosemead
While there are comprehensive laws against wrongful termination, employers continue to engage in unlawful practices and fire people they do no longer wish to deal with. There is no way to completely eradicate such conduct, but we can protect and empower employees by calling out unjust employers. There are many rights you have as a worker in Rosemead or any other city in California, so please don’t be afraid to reach out and find out if you are eligible for a wrongful termination lawsuit.
At California Labor Law Employment Attorneys Group, you will find a team of compassionate and experienced legal experts, who are ready to provide you with a free consultation. We also represent clients on a contingency basis, and that means you are not asked to pay legal fees upfront. All of our expenses are charged to the party that harmed you, and we only receive this payment by winning your case. If we do not secure a settlement or jury verdict on your behalf, you owe us absolutely nothing, since we don’t believe in getting paid unless you do.
The legal process begins with a private case review, completely free of charge, so give us a call at your earliest opportunity. We look forward to representing your interests and ensuring that your employer does not get away with taking away your job illegally.
