Being unreasonably terminated from employment is frustrating, but it may not qualify as wrongful termination. A dismissal must meet the specific criteria detailed in the federal and state laws below for a termination to be considered unlawful. A Sacramento wrongful termination lawyer can be a great resource to utilize if you have questions surrounding your termination.
To determine if your dismissal was lawful or a potential wrongful termination case, it is important to fully understand this area of employment law.
Several laws protect you from being wrongfully terminated. Over the decades, classes of people and specific actions have been protected by federal and state laws, including:
When an employee notices a safety violation and submits a complaint, they are protected from being terminated in retaliation.
California enhances federal anti-discrimination laws by adding the following protected classes:
The difference between an at-will and right-to-work doctrine is crucial to understanding your employee rights. While there are many misconceptions, it is important to know they are not opposite concepts but separate doctrines altogether.
The right-to-work doctrine involves unions. When employees and unionized employees work together, the right-to-work principle gives the same rights afforded to the union members to the non-union employees. Non-union employees do not have the pay union dues to enjoy the same rights.
At-will employment protects an employer’s right to terminate workers for reasons not prohibited by law. It also affords employees the ability to quit their job at any time without having to give notice.
Employers in at-will states, including California, can dismiss an employee without reason. Employers are not required to give the employee any notice. Under the at-will doctrine, employees cannot take any recourse against a company for dismissal unless their termination meets certain exceptions to the rule.
One exception to the at-will employment doctrine is a written contract or union agreement that explicitly states acceptable reasons for termination. An employee or union may have a written contract that ensures that it requires cause for termination.
Another exception to the rule is the “implied contract.” An implied contract assumes the employee will not be subjected to an at-will termination. For example, most companies have employee handbooks that go over company policies to ensure all workers are aware of the same pertinent information.
While the at-will doctrine is up to the state, not the employer, failing to explicitly state the doctrine in the employee handbook may allow for a case for wrongful termination based on an implied contract.
To avoid the exposure of an implied contract, most company handbooks state that they are an at-will organization.
Do you believe that you have been fired unlawfully in Sacramento or any place in California? You may be able to build a wrongful termination case to reclaim your job or collect punitive damages. Our employment law firm can provide legal advice and possible remedies.
The truth is most people who have been fired feel that they have been wronged. Unfortunately, labor law doesn’t establish many illegal reasons for firing someone. Therefore, wrongful termination claims are generally not appropriate except under very specific circumstances.
In California, employment is “at-will.” That means employers can often freely fire someone unless there is an express or implied contract that requires “cause” or “good cause” for termination.
In other words, it can be difficult to prove actual wrongful termination. To succeed in a wrongful termination lawsuit, you may need to establish that some form of discrimination occurred.
Alternatively, you can show that you were fired in violation of state and federal laws such as whistleblower protection laws that forbid retaliation or laws that more broadly protect workers from employment discrimination.
Illegal causes for firing include:
Some employment contracts do require legitimate cause for termination. The typical employee should not be expected to fully understand the nuances of the law governing wrongful termination.
To learn about your rights and legal options, your best course of action may be to take the time to discuss your situation with an experienced employment law attorney.
Contact the Sacramento law firm of Asbill Law Group to schedule an informative initial consultation.
If you feel you were bullied into quitting your job, you may have grounds for a constructive termination case. Constructive termination is unique in wrongful termination law. Most wrongful dismissals involve protected classes, discrimination, or retaliation. However, constructive termination consists of an employee walk-out or resignation.
Wrongful termination cases can be expensive. Suppose an employer wishes to fire a specific employee but not be subjected to the legal remedies an illegal termination would produce. In that case, they may use unsavory tactics to drive an employee to quit of their own accord. California recognizes a behavior as constructive termination when an employer intentionally makes work-life hard on a particular individual to drive them out of the company.
Some common examples of constructive termination may involve:
Qualifying constructive termination events must meet two criteria:
Discharge or wrongful termination is not the only retaliatory measure employers have been known to take against an employee who reports unlawful conduct in the workplace.
Demotion, a pay cut, downsizing, or a transfer that negatively impacts an employee’s pay may all be considered retaliatory actions.
Other forms of retaliation may include personal attacks on an employee’s character or job record. Retaliation cases can become exceedingly complex and contentious. It is vitally important to seek experienced representation early in the process.
If you believe you have been wrongfully terminated, you do have options. The most important step is to control your emotions. When your rights have been violated and your livelihood disrupted, emotions can be heightened.
Employees who behave rashly may damage their reputation and have difficulty finding employment. Some reactive behaviors to avoid include:
Reacting with malice will only serve to hurt your claim and reputation. In addition, your former employer may choose to take legal action against your behavior civilly or criminally.
Instead, let your behavior reflect your professionalism, take control of the moment, and complete the following steps:
If you have never experienced a wrongful termination in the past, it may be helpful to consult an attorney who has handled hundreds of similar cases. An attorney experienced in employment law cases such as wrongful termination, race harassment, employer retaliation claims, etc., can be a great resource.
The amount that a wrongful termination lawsuit is worth in California often depends on a multitude of factors. One of the factors that can influence the settlement amount is the salary level of the employee that was wrongfully terminated. Another factor that will seriously influence the settlement amount is the cause of the termination. If the employee was fired because of their race or disability then that could lead to a larger claim.
A skilled wrongful termination attorney can collect strong evidence to ensure you get maximum compensation. Furthermore, an employer will be more likely to offer a higher settlement with the backing of a lawyer behind you.
Wrongful termination in California can be any unlawful dismissal of an employee. California is considered an at-will state. This means that an employer does have the legal right to terminate an employee without cause.
However, if it is found or if it can be proven that the employer terminated the employee because of their race, disability, or any other protected characteristic, then that could be considered a wrongful termination.
Speaking with an experienced employment lawyer can be a good way to understand if your case qualifies.
To argue wrongful termination, you will need to provide a preponderance of evidence suggesting that you were wrongfully terminated by your employer for unlawful reasons. Employers are prohibited from displaying any form of unfair discrimination in the workplace. This includes termination.
If you can prove that your employer displays a pattern of discrimination in the workplace and it contributed to you losing your job, then you could build a strong case for wrongful termination. You should contact an experienced attorney for help.
To file a wrongful termination claim in the state of California, employees or former employees may file a retaliation or wrongful termination complaint with the Department of Fair Employment and Housing. Complaints must be filed within one year from the date of the termination.
A qualified and experienced employment lawyer can help you with this process. California state laws can have strict legal deadlines and documentation that must be provided in order to successfully process your claim.
The state of California is an at-will employment state. This means that the relationship between employee and employer is considered to be at-will. The employer or the employee can terminate the employment relationship at any time and without cause. Over time, there have been multiple laws created to address certain exceptions to this rule.
Certain exceptions could include being terminated because of one’s race, compensation, disability, or social status. Each termination deserves to be carefully reviewed to see if it qualifies for wrongful termination.
With more than a decade of employment law as one of my primary practice areas, the wrongful termination attorney, Natalia Asbill, of Asbill Law Group knows how to work through the intricacies of the California Labor Code, the federal Fair Labor Standards Act, and other applicable laws.
The team at our Professional Law Corporation can step in quickly to protect your rights against employer retaliation and wrongful termination. Let our legal team stand by your side against your former employer.
We take the attorney-client relationship seriously, and we will work to protect you by applying the full protections of wrongful termination law. Natalia Asbill is available to help you across the state, from Northern California to San Francisco and Los Angeles. To get started, arrange a confidential consultation by calling our law office at 916-438-7777.