Wrongful termination occurs when an employment relationship is ended by an employer in violation of the employee’s legal rights.
In California, wrongful termination claims can arise when an employer violates a federal or state statute, the worker’s employment contract, general principles of public policy, or some other aspect of the law.
The majority of employees in California are considered to be “at-will” employees.
This means the employees are free to end the employment relationship at any time they want and likewise the employers are free to fire them at any time for any legal reason, or even without any reason. Employment is presumed to be at-will, in case there is no specific contractual relationship between the employee and employer which bounds the employer from firing the employee.
Not all employees are considered at-will and some of them have contracts which limit the employer’s ability to fire them without a reason.
For example, when the employee is hired for a specific period of time, but the contract doesn’t specify the circumstances under which the employee can be terminated, he can only be fired under the following circumstances:
These types of employment contracts can be entered into in writing or verbally, but it must be specified that the agreement is for a set period of time.
Exceptions to “at-will” employment give to allow the employees to sue their employers for wrongful termination.
Even though employers can fire at-will employee for seemingly arbitrary reasons, they are still prohibited from terminating employees for illegal reasons.
According to the California Fair Employment and Housing Act, it is illegal for employers to discriminate in employment decisions on the basis of the following factors:
In case the decision to terminate the employee was motivated by any of the above-mentioned reasons, the termination is unlawful under the law. Employees that have become the victims of wrongful termination have the right to file a lawsuit against their former employers and seek monetary damages.
According to the law, wronged employees can recover:
Are you in need of additional information about wrongful termination in California? Our employment law attorneys in Los Angeles at KAASS Law should be able to answer and specific questions that you have. Feel free to get in touch with us anytime at (310) 943-1171 or fill out the form below.
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