Most of the employees in California are under the illusion that they do not have any legal protection from being fired in any case. The truth, in fact, is there are many employment terminations done against law. It is very important to understand if you are illegally being fired so that you can protect yourself.
CrosnerLegal.Com is an employee right and wrongful termination law firm. The lawyers of the firm represent those employees who have been harassed or discriminated in their workplace. The firm protects the employees as much as possible with the help of their lawyers.
Claim Against Contract
If there is a contract which claims that you are employed for a specific period of time or limits your employer to fire you then your employer must hold up to that. If the other person is not doing so, it comes under California wrongful termination laws and you can make a claim against your employer.
An employment contract is wither done orally or written. If your employer does a breach of contract, you can sue him for wages, benefits or anything else that you are ought to receive. You can also use this contract to negotiate a severance package with your employer.
Claim Against Discrimination
In California, you cannot be fired because of age, race, color, national origin, religion, disability, sexual orientation, citizenship status, military or veteran status, medical condition, political beliefs or activities, genetic information, AIDS/HIV status, status as a victim of assault, domestic violence or stalking, sex or gender identity among others.
If you win a discrimination lawsuit, then your employer will not only pay your lost benefits and wages but also attorney’s court costs and fees, damages for emotional distress and all the other punitive damages.
Claim Against Retaliation
An employer cannot fire an employee for enforcing or exercising their employment rights. You cannot be fired for taking medical or family leave, complaining about illegal wage and hour practices, filing a complaint against harassment or discrimination among others. California is a state which offers protection to its employees.
You can make retaliation claims if you are fired for exercising a right given by law against your employer or making a complaint. The damages for retaliation claims depends upon the law you are exercising your right under.
Violating Public Policy
Public Policy might not be based on any specific statute or employment law. An example could be an employee is fired on the grounds of refusing his manger’s request of lying to an IRS auditor about the company’s equipment purchases last year.
In this type of example, the employee can have a wrongful termination claim despite the fact that no law states explicitly that an employer can fire his employee on this basis. Wrongful termination in the violation of public policy is a personal injury claim which means if the employee wins he can collect lost wages and benefits punitive damages and damages for emotional distress.
The law of California for wrongful termination of employees is quite beneficial for them as they have a right for compensation from the employer if they are fired without committing any type of mistake.