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wrongful termination Archives

Understanding what may be wrongful termination

Anyone in California who has ever lost a job knows that this experience can be highly upsetting, stressful and even traumatic. The experience can be made all the worse if the employee believes the reason for their job loss was inappropriate and even illegal. For many, it can be hard to identify the often thin and blurry line between a legal termination and an illegal one but the distinction is very important to make.

You have the right to see your personnel file

It can be shocking and humiliating to one day be told that your services are no longer needed at your workplace. If you have conducted yourself properly and performed to the company standards, why have your superiors decided to let you go? While an employee firing may be justified, in the event it is not, you have a right to know it and to pursue legal action in California. One way to find out is to look at your personnel file.

When you can and cannot be fired for workplace talk

Should you be afraid of what you say in the California workplace? If you experience or witness problems that you believe are harmful to one or more workers or you even believe illegality is being conducted, you have a right to speak out against those practices and not be fired. But your capacity to complain about what goes on at your job is not limitless. It depends on what you say.

Exceptions to at-will employment

Where one to survey those employed in Woodland Hills (or throughout California), the general consensus of most would likely be that as long as one does not give their employer a reason to fire them, then the employer cannot. Unfortunately, California is an "at will" state. According to Section 2922 of California's Labor Code, an employment agreement may be terminated at the will of either side. While this affords employees the chance to leave a company whenever they wish, it also allows companies to fire employees without needing to give a reason. 

Can an independent contractor sue for wrongful termination?

If you are an independent contractor in California, it means that you are not an employee of a company but rather a consultant providing services to one or more companies on a contract basis by written or verbal agreement. As an independent contractor, you usually have a lot more freedom to work from home or create your own schedule. As a trade-off, however, you are not afforded many of the benefits that employees may enjoy, such as health insurance coverage or paid time off.

Why should I pay attention to my employee handbook?

The fact that California allows employees to be fired at-will grants employers wide latitude to terminate their workers, provided that no civil rights laws have been violated. However, if workplaces set strict guidelines for how their employees may be hired and fired in their employee handbooks, they may have ended up setting aside the state's at-will doctrine.

The reason employers fire good employees

Most workers in California are at-will employees. That means that both the worker and the boss would have the power to end employment at any time. Even if an individual had a job with an employment contract, companies usually write termination clauses into the document to retain a certain level of authority. 

What is wrongful termination?

Finding a great job is wonderful. However, losing a great job is devastating. If you are in a situation where you feel you were unfairly fired by a California employer, you may wonder if you have grounds for wrongful termination. Before you start planning your lawsuit, it may be helpful to know that it is quite difficult to prove you were wrongfully terminated.

Can I be fired because of my family’s genetic history?

Imagine a scenario where a California employee is suddenly approached by a supervisor. It turns out the employee’s genetic history has been discovered, and the employer learned that the employee’s family contains genetics that are conducive to developing a certain form of cancer. The employee is then terminated from that workplace. If you are familiar with this kind of situation, you should also know it is illegal under federal law.

 Jay S. Rothman Attorney Image