In California, although most employees can be terminated for any reason, many reasons have why employee termination might be considered against public polices, that is entirely unlawful. In that case, if an employer terminates the employee in certain reasons such as disability, age, gender, race, religion, it is prohibited under California labor constitution.
However, if the employees are fired for this illegal reason, they can file a wrongful termination lawsuit. To recover proper compensation, employees can consult from an experienced and qualified wrongful termination lawyer, who is not only successfully handle your lawsuit but also enforce employer to provide extra requisite costs and penalties.
In the sections below, the article will provide an extensive description of wrongful termination; here, you can learn the steps you can take to protect yourself.
Elements of a wrongful termination lawsuit based in California
In California, the wrongful termination has occurred whenever an employer intentionally has put an end employee’s job for unlawful reasons. To prove in this type of allegation against the employer, the following specific illegal elementary reasons must be required.
Discrimination: When the employee are loses their job for narrow-mindedness reasons like disability, age, religion, gender, race, color, sexual orientation, pregnancy, and nationality.
Retaliation: When the employer is fired the employee for reasons of prejudice or revenge. In this case, the employee may file a termination of a retaliation suit against the employer as a safeguard measure.
Family or Medical Leave: According to the California Family and Medical Leave Act (FMLA), if the employer terminated the employee for unpaid sick leave or cared for newborn children that wholly prohibited.
“At-will” employment and exceptions:
In California, most of the employment relationships are “at-will.” If an employer-employee relationship has an indefinite duration, that’s defined as “at-will employees.” According to the at-will relations, the employer only can terminate the employee by oral statements or written material. But here some exceptions under California labor law such as employer can’t terminate the employer without just cause, the employer can’t break fair business dealing, and can’t be violated the public policy.
In the actual terms, the employer can terminate employees whenever outlines a specific process or the fair deal is complete. It’s mean that when the public policy theories and implied contracts are not violated.
Types of a wrongful termination lawsuit:
The lawsuit of wrongful termination of an employee depends on what the type of wrongful termination he/ she has been experienced. In that case, every kind of wrongful termination has different elements. As a result, to prove wrongful termination, you need the first a clear idea about it. The following includes some specific wrongful termination lawsuits terms.
Public Policy lawsuit: When the employer terminated the central theme of four protected reasons of public policy, such as an obligation of performing a statutory, reject to violate a statute, to the public’s benefit reporting a statutory violation, and constitutional right exercising. In above-protected reasons, terminating of an employee is entirely prohibited.
Discrimination Lawsuit: If an employer terminates the employee for narrow-minded reasons like disability, age, religion, gender, race, color, then the employee file lawsuits for discrimination. In that case, the employee must would is that the employer violates their protected status.
Harassment Lawsuit: In many cases, it will be notified that the employee is fired for protesting sexual harassment against an employer. In that case, the employee will require to prove the main factor is harassment on this termination.
Contract breach lawsuit: If the employee was terminated despite having contract duration, they will need to prove written company policy, employment contract, and violation of labor union policy. The employee should file a complaint to breach of contract within the claim in an appropriate state court.