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Wrongful Termination in California

Wrongful Termination

California is an “at-will employment” state, which means that any employment relationship can be ended without prior notice or warning by the employer or the employee at any time and for any reason.  There is no general requirement that an employer have “good cause” before firing an employee. Nor is the employee entitled to any warnings that the employee’s job is in danger before being fired.

Wrongful Termination Claims

Though this is the law in California there are many examples of wrong termination that are claimed and won. Most wrongful termination cases are brought under California’s Fair Employment and Housing Act (FEHA). California has created a number of illegal reasons for termination. Some common claims include-

Contract Claims

When you have an employment contract that gives you continued employment for a specified amount of  time, or that provides limits to your employer’s case for firing you, your employer is legally bound to hold up their end of the deal. Simply- if your employer fires you for a violation of the terms of the contract, you should have a strong claim against that employer.

Discrimination Claims

Employers cannot fire you if you are in a protected class based on certain certain characteristics in California.  Some of these characteristics include national origin, color, race, color, religion, sex (including pregnancy), sexual orientation, disability, age, citizenship status, genetic information, gender identity, marital status, medical condition, AIDS/HIV status, political beliefs or activities, military or veteran status, or as a victim of stalking, domestic violence, or assault. When you win a discrimination lawsuit, your employer will be forced to pay your lost benefits and  wages, as well as your court costs and attorneys’ fees and, emotional distress damages with possible punitive damages.

Retaliation Claims

Your employer cannot fire you for exercising, or trying to enforce your employment rights. If you were fired for exercising a right granted by law, or making a complaint, you may have a claim against your employer. If successful in your claim, you can collect not only lost benefits and wages, but also attorneys’ fees, for emotional distress and damages, as well as punitive damages.

Violation of Public Policy

You can not be fired when exercising your legal rights, like declining to commit an illegal act, or raising issues about workplace illegality. A public policy claim is quite different from a retaliation claim, as it does not need to be based on a specific statute, or any employment law.

Some examples are-

  • An employee is fired for lobbying lawmakers to opt out of vaccinations for her kids. She belongs go an organization that rejects the need for mandatory childhood vaccines.
  • An employee is fired when he refuses to lie to an IRS auditor in regards to the company’s finances.
  • An employee at a manufacturing company is fired for filing a complaint with the federal government, contending the company is illegally using aftermarket parts in its operations.

CONTACT AN EMPLOYMENT ATTORNEY, CONTACT KJT LAW GROUP

Working with a professional who understands the complexities associated with Employment Law improves the chances of you receiving your rightful compensation. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Insights on artful litigation

What is the Statute of Limitations for Car Accidents in California?

Between 2015 and 2016, many statistics for car accidents in California saw increases. The number of fatalities related to accidents went up by 7 percent. Fatalities involving impaired drivers, motorcyclists, and passengers not using seat belts all increased. Even fatalities involving cars vs. bicycles, cars vs. pedestrians, and teen drivers increased.

The 5 Most Dangerous Intersections in California

Any number of situations can lead to an auto accident. Distracted driving, speeding, and equipment failure are just a few of the reasons car crashes occur. Sometimes, the design of an intersection also plays a part in auto accidents.

I Was Injured by a Drunk Driver. What Should I Do?

Drunk driving is still a leading cause of death in vehicle crashes. Per National Highway Traffic Safety Administration statistics, every 48 minutes a person dies as a result of a crash involving a drunk driver. If you’re involved in a crash with a drunk driver, call the police and seek medical care. You might feel fine, but adrenaline can mask the pain and discomfort for a few hours.

Will My Personal Injury Case Go to Trial?

Black’s Law Dictionary estimates that only four to five percent of personal injury cases ever make it to trial. Very few cases ever do make it into a courtroom. Most reach an out-of-court settlement. This is due to two things. First, according to the Bureau of Justice Statistics (BJS), about half of all civil cases lead to a positive outcome for the plaintiff. Second, it’s time-consuming. It can take months or even years to battle a personal injury case in the courts.

What Should I Do After a Bicycle Accident?

When you’re in an accident on your bicycle, call the police. Of course, if you’re badly injured, you’ll have to rely on a witness to do this for you. If you feel fine, you still must call the police. You might find more damage to your bicycle than you first thought. You don’t want the driver to leave without having a way to get hold of that driver down the road.

Motorcycle Accidents – 5 Statistics That Will Leave You Shocked

In 2015, approximately 8.6 million motorcycles were registered in the U.S. That same year, motorcycle riders suffered 88,000 reported injuries, and 5,029 fatalities were reported. When you’re on a motorcycle, there is very little protecting you from serious injury during a crash. Cars have a harder time seeing you. If there’s a crash, the clothing and helmet you wear are the only protection you have between the ground and other solid surfaces. Here are five shocking statistics about motorcycles and motorcycle accidents.

Hit By A Car Crossing The Street? Here’s What To Do Next

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Department Store Injuries & What To Do Following One

Accidents can happen at any time and in any place. If you’re injured in a retailer, be it a small general store or a large box store, you may be entitled to reimbursement to cover any medical expenses. It all comes down to what happened.

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