Under California law, there are numerous circumstances that fall under the definition of wrongful termination. Most these cases involve someone being fired as a form of retaliation or due to discriminatory practices by the employer. Alternatively, retaliation may involve a worker reporting dangerous conditions or illegal activity by the employer (whistleblowing) or filing a complaint for harassment and other unfair treatment.
This article will cover some of the most common circumstances that qualify as wrongful termination in California. If you suspect that you were wrongly terminated from your job, it’s in your best interest to learn about your rights from an employment lawyer.
Sexual Harassment in the Workplace
Sexual harassment is unfortunately rampant at many workplaces, even in this day and age. This creates a toxic work environment where employees are targeted on a daily basis and eventually forced to quit due to the impact on their mental and physical health.
Title VII of the Civil Rights Act of 1964 makes sexual harassment in the workplace illegal. If you believe that sexual harassment is at the heart of why you lost your job, probably as retaliation after filing a complaint, you may have grounds for a wrongful termination lawsuit. Possible damages include front and back pay, as well as emotional distress and damage to your professional reputation.
Race Discrimination
Workers must be treated fairly, regardless of their race, ethnicity, or cultural background. Racial discrimination at workplaces may include demoting or not promoting people based on their skin color, racial stereotyping, exclusion from certain work activities, and segregating workers of a certain race to specific jobs.
If racial discrimination or complaining about it is the reason you were fired, our attorneys can help you file a wrongful termination lawsuit.
Asserting Your Right to Workers’ Compensation
Some employees face considerable pushback from the employer, which eventually culminates in loss of employment after they file a work-related injury claim. A common tactic is to fire the employee after they complain about a denied claim or assert their right to specific benefits based on their injury, prognosis for recovery, and other relevant factors.
Retaliation, such as termination of employment, for seeking WC benefits or disputing a claim and demanding a hearing is illegal in California. Additionally, employers cannot fire someone that provides information or testifies on behalf of a co-worker that’s involved in a workers’ compensation dispute.
Family And Medical Leave Act (FMLA) Violations
The Family and Medical Leave Act is a federal law that protects workers who need to take time off for an illness or to take care of a family member that is ill. Private employers covered by this law are businesses / companies with at least 50 employees for 20 or more weeks of the year. Workers can also ask for leave from work in order to bond with a newborn or adopted child.
Employees can take FMLA leave once they have worked at the same job for at least 1 year, for at least 1,250 hours. Those who are eligible can take up to 12 weeks of unpaid leave for:
- A medical condition that’s serious enough to prevent you from doing your job
- Caring for a family member with a serious illness / injury
- Caring for your newborn child
- Caring for a foster or adopted child
- Caring for someone in the armed forces who is out on medical leave
Employees that were out on leave under the FMLA must be allowed to return to their job without retaliation from the employer.
Wage and Hours Dispute
Were you in a dispute with your employer over a wage and hours violation, such as not paying overtime, denying meal and rest breaks, and withholding commissions? If you believe that you were fired for demanding the wages / benefits you are entitled to, talk to a California wrongful termination lawyer right away.
These lawsuits are much more complicated than most people realize, especially if your employer has misclassified you as an exempt employee when you are actually non-exempt, or vice-versa. That’s why help from an employment rights attorney is crucial if you were fired over a wages and hours dispute with your employer
Whistleblower Retaliation
Whistleblowers are protected from wrongful termination and other types of retaliation under federal and state laws. Perhaps you blew the whistle on safety violations, financial fraud, and other illegal practices by your employer. Or, you filed a complaint with the state labor board to let them know about sexual harassment and other mistreatment of employees at your workplace.
A lawyer with experience in whistleblower protection cases can educate you on the laws and help you take legal action against your employer if you were terminated for whistleblowing.
Wrongful Constructive Termination
Constructive termination is a special category of wrongful termination that happens when a worker is forced to quit because their work conditions have become intolerable. This type of claim requires you to establish that your employer created or allowed for the creation of an intolerable work environment, which would cause any reasonable employee to resign.
Reach Out to a Wrongful Termination Lawyer
Speaking out against wrongful termination and securing the compensation you deserve is an uphill battle when the burden of proof is on you as the employee. Rest assured that the illegal termination lawyers of CLLEAG are with you every step of the way.
With the Zero Fee Guarantee, we promise that all legal fees will be charged to your employer, so you won’t be asked to pay out of pocket. In addition, you owe us $0 if we fail to recover your settlement, since we don’t believe in getting paid unless you do.
Our attorneys are here for you night and day, so contact us anytime to schedule a free initial consultation.
