Wrongful Termination Claims in California
When you sign a work contract, you agree to the provisions and clauses within. Many, if not all, employees in California have employment contracts that allow for work at will. Therefore, an employee can be fired at any point (with possible exceptions as stipulated in their contract). However, there are certain cases when a termination is, in fact, illegal. If you believe you are involved in a wrongful termination lawsuit, contact us at Law Advocate Group for experienced counsel.
Some Specifics on the Lawsuit
An employee can sue their former employer if they believe they were wrongly terminated. While people usually work at will, some terminations can fall under illegal actions, as stipulated by the law. Furthermore, a termination can be unlawful if it violated the agreed upon terms of an employment or implied contract, went against public policy, was retaliatory in nature (for whistleblowing or reporting assault, as examples), or for other reasons such as political activities.
Specifically, one of the many reasons why a termination may be unlawful is if the employer fired the employee based on their gender, age, race, disability, religion, sexual orientation, nationality, or political activities. The aforementioned also includes pregnant persons. A person cannot be fired because they took pregnancy leave.
Moreover, if an employee acts as a whistleblower and they are fired, the employee has a legitimate case for wrongful termination. A person has the right to report violations and/or misconduct to the government without being fired for it. Similarly, if an employee speaks out on harassment and/or files a complaint, the employer cannot avenge the complaint by firing the employee.
Filing a Lawsuit
If you believe you were wrongfully fired from your position, you should contact us immediately. An experienced attorney can help you defend your rights and seek redress from the employer. However, a wrongful termination claim does have a statute of limitations, so make sure to file your lawsuit within the allotted time. Filing a lawsuit can be beneficial because if the judge determines you were wrongfully terminated, you can receive certain damages.