Employers in California that fire an employee under unlawful circumstances are subject to fines and penalties according to state and federal laws. But what does it mean to be “unlawfully” terminated? The answer to this question is essential to protecting yourself from unfair treatment in the workplace.
By the way, unlawful termination can also be referred to as wrongful termination, and these are certainly similar categories of firing a worker, usually on the basis of discrimination and/or retaliation. However, these are technically different types of termination that can happen at a workplace. This article will cover the key differences between these terms and what you can do if your rights under the state’s labor laws were violated by your employer.
Unlawful Termination: What Does it Mean?
Unlawful termination is a term used to describe the firing of an employee for a reason that goes against the law. According to the laws in California, employers cannot fire employees for a reason that is based on discrimination of a protected characteristic. In addition, employers are forbidden from retaliating against a worker, like terminating their employment, if they assert their right to file a complaint or lawsuit.
Unlawful termination typically involves firing someone because of their religious beliefs, race, gender, age, sexual orientation, and other protected characteristics. They are also prohibited from terminating an employee who engages in protected workplace activities, such as whistleblowing, filing a complaint with the California labor board, or seeking workers’ compensation benefits.
If a worker in the state of California suspects they were unlawfully terminated, they can seek relief by filing a complaint with the California Department of Fair Employment and Housing (DFEH). Depending on the circumstances, they may also need to file a complaint with the federal agency known as the Equal Employment Opportunity Commission (EEOC). These agencies will conduct an investigation and issue a “Right to Sue” notice to the employee if there is credible evidence of legal violations by the employer. This notice will allow you to go ahead with a lawsuit for unlawful termination.
What is Wrongful Termination?
The act of wrongful termination occurs when there is a violation of an employment contract or implied covenant of good faith. Like most other states, California operates on the system of at-will employment, meaning employers have the right to fire employees at any time for any reason – as long it doesn’t violate the state’s unlawful termination laws.
However, an employer cannot go against an existing contract with the worker or a covenant of fair dealing and good faith that is implied. A common example has to do with firing an employee when they refuse to follow an employer’s orders because it would involve engaging in an illegal activity. Refusing to commit safety violations is another common reason for wrongful terminations in California.
As someone who was wrongfully terminated, you have the right to file a lawsuit for monetary damages, such as lost wages and employment benefits, emotional distress, and medical expenses if the termination had a significant impact on your health.
Critical Differences between Unlawful and Wrongful Termination
Ultimately, the reason for why you were terminated is the key difference between unlawful termination and wrongful termination. To have a case for unlawful termination, the reason that you were fired must be prohibited by state or federal laws. Wrongful terminations, on the other hand, occur when there is a violation of a contract, or the employer fails to engage in good faith and fair dealing in their treatment of the employee.
In either of these situations, employees may have the right to file a legal action and claim damages for the harm they suffered. But they must understand the type of claim they are filing, which is based on whether they were or unlawfully or wrongfully terminated. Furthermore, they will need solid evidence to back up their claims and ensure that their termination was indeed based on illegal or wrongful circumstances.
The best plan of action is to speak with a California employment lawyer as soon as possible. That way, you can receive guidance from a legal expert, who can help you plan the best course of action.
How We can Help You
Are you someone whose life has been turned upside down by a wrongful or illegal termination? We know how devastating a sudden loss of employment is to your finances, mental health, and professional reputation. While you have rights under California’s labor laws, navigating the legal system and obtaining the compensation you deserve is a challenging process for the average claimant.
That’s why legal counsel is highly recommended for those who are seeking justice for unlawful treatment by their employer. Our law firm has decades of experience in holding employers accountable when they undermine a worker’s rights. We are ready to provide legal advice and aggressive representation on a claim for unlawful termination. From filing the necessary paperwork to negotiating the highest possible settlement, we are with you every step of the way.
Along with fighting for your rights, we know that this is an emotional time in your life, and there will be plenty of moments where you are anxious, afraid, confused, and frustrated. We believe in treating our clients with compassion and being responsive to their questions and concerns in a timely manner.
To learn more about the ways we can assist you, please reach out and schedule a time to learn about your rights and legal options.
No Recovery – No Payment!
Here at California Labor Law Employment Attorneys Group, we have a policy known as the Zero Fee Guarantee. We promise that you, as the client, pay $0 out of pocket if you decide to hire us. We will cover all the costs associated with your case and wait till the recovery of your settlement to recoup our expenses. We also guarantee that you won’t be responsible for any legal fees if we fail to bring you compensation from a wrongful termination claim.
It all starts with a free consultation, which you can schedule by contacting our office.
