Wrongful Termination Laws
Even though California is an at-will employment state, which means that an employer can choose to terminate an employee for just about any reason, there are still several ways in which wrongful termination cases can arise. This is particularly true if an employer violates state or federal law when terminating an employee.
Read more about Attorneys for Wrongful Termination
Illegal dismissal is, by its very definition, against the law. Of course, there are many different reasons why your employment can be ended. Your employer should tell you why you’re being dismissed while they are doing it. What you need to decide is whether that reason is genuine and whether they are being fair or not.
How will you keep up with day-to-day expenses? Furthermore, what happens if you have a family? There are several situations under which your employer is not legally allowed to dismiss you.
These include but are not limited to the following:
Retaliation
If you were dismissed for exercising a right that is yours by law, or by reporting a breach of law, it might be considered retaliatory.
Discrimination
Whether this is based on gender, sexuality, race, religion, nationality, or any other form of discrimination, it is illegal for you to be dismissed for discriminatory reasons.
Alien Status
You are not legally allowed to be dismissed for having alien status as long as you are legally permitted to work in the U.S.
Refusal to break the law
You are never obliged to commit an illegal act and your employer cannot legally dismiss you for refusing.
There are various other conditions covered by Wrongful Termination Laws, which are explained in greater detail here.
However, the precise rules vary from state to state, so it is important to know your rights. California Wrongful Termination Attorney can help you figure out whether you have a case and may be able to assist you in pursuing a fair and favorable resolution.
Claiming Unfair Dismissal
While a lawyer will help you to claim unfair dismissal, you should note that you must be employed for at least 6 months in a larger business or 12 months in a smaller business before you can qualify for unfair dismissal. You also must lodge your unfair dismissal claim within 21 days, which means seeing a lawyer straight away to discuss your options.
Call Our Los Angeles Wrongful Termination Attorney Today
If you or somebody you love has been wrongfully terminated by an employer in Los Angeles or throughout California, reach out to the team at the Marcarian Law Firm, P.C. as soon as possible. Our Employment Law Attorney has years of experience helping wrongfully terminated employees obtain the compensation and justice they are entitled to.
FAQ
Can an employee be terminated without notice?
The employer need not give notice if misconduct is the cause for termination. However, the employee, in such circumstances, should have an opportunity to reasonably explain the charge against them before termination.
Can a whistleblower be fired?
An employee cannot be fired for taking part in a protected activity, which includes participating in an investigation of the employer for illegal activity or reporting illegal activity. This would be retaliatory termination. In addition, an employee cannot be discharged for filing a lawsuit against an employer for discrimination, harassment, or a workers’ compensation claim. An employee cannot be fired for refusing to participate in illegal activity as well.
Can an employer run a background check on me?
Employers in California can run background checks on prospective employees, but they are regulated as to when and how they do so. A business must notify a prospective employee before running a background check and receive written permission from the prospective employee before doing so. An employer may not ask for background information based on your ethnicity or race. Also, an employer is required to inform you if anything in a background report results in a decision to not hire you.