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Do I Have a Wrongful Termination Case in California?

Emanuel Shirazi

Being laid off after months or even years of loyalty as an employee can be disorienting and frustrating. Moreover, if you are terminated illegally, such as in retaliation for whistleblowing or asking about your wages, you might be wondering if you have a solid wrongful termination case.

Collecting the facts and evidence for such a case can be challenging. Knowing what constitutes a strong wrongful termination case can be extremely useful. It can help you decide whether to press charges for the wrong that has been done to you.

Wrongful Termination in California

Whether you have a wrongful termination case in California depends on several factors, including the circumstances surrounding your termination and the applicable laws. In California, most employment is considered “at will.” This means that either the employer or the employee can terminate the employment relationship at any time for any reason, with some exceptions. However, there are some circumstances that would make a termination illegal, even in an at-will employment situation.

Instances of California Wrongful Termination

Understanding what California wrongful termination might look like in a real-world setting can help you determine whether you were unlawfully fired. Some examples of wrongful termination include:

  • Discrimination-related dismissal. An employer is not permitted to fire a worker due to that person’s race, religion,gender, sexual orientation, age, or any other protected trait.
  • Retaliation. A worker cannot be fired in retaliation by their employer for using their legal rights. This includes disclosing criminal activity or taking time off for a medical condition or under the Family and Medical Leave Act (FMLA).
  • Contract breach. If an employer and employee have a written agreement outlining the terms and conditions of employment, the employer is not permitted to fire the employee in a way that goes against the provisions of the agreement.
  • Infringement of public policy. An employee cannot be fired by their employer for engaging in legal activities outside of the workplace, such as political participation or jury service.
  • Whistleblowing. It is illegal for an employer to fire an employee for raising concerns about unethical or unlawful behavior by the business or its personnel.
  • Taking disability leave. Under the FEHA and Americans with Disabilities Act (ADA) or other comparable statutes, an employer cannot fire an employee for taking time off for most medical reasons.
  • Complaining about the workplace. An employee cannot be fired by their employer for raising concerns about unethical or dangerous working circumstances.
  • Refusing to take part in unlawful activity. It is illegal for an employer to fire an employee for refusing to engage in unlawful behavior, such as making false records or adopting discriminatory tactics.
  • A union action. An employee cannot be fired by their employer for taking part in union activities like union organizing or collective bargaining.
  • Reporting infractions of the wage and hour laws. Employees who report wage and hour law infractions, such as the failure to pay the minimum wage or overtime, cannot be fired by the employer for this reason.
  • Asking for accommodation. A worker cannot be let go by their employer for asking for a reasonable accommodation for a medical issue or because of their religious views.
  • Reporting infractions of occupational safety. An employee cannot be fired by their employer for refusing to work in dangerous conditions or for reporting violations of workplace safety regulations.
  • Filing a claim for workers’ compensation. An employee cannot be let go by their employer for filing a workers’ compensation claim, going to the doctor, or showing up for an appointment because of an occupational injury.

It is crucial to remember that there are strict time constraints for initiating a claim of wrongful termination. It is advisable to speak with an employment law expert if you feel you have been wrongfully terminated.

Remember that this is not an exhaustive list and that every scenario is different. It is essential to seek the counsel of a knowledgeableLos Angeles wrongful termination lawyer. They can help you determine if you have a strong case for wrongful termination.

FAQs About Wrongful Termination Case in California

Does California require written notice of termination?

Yes, although California law does not require specific reasons in a termination letter, employers are required to provide a “Change in Relationship” form to the terminated employee.

Is the notice period mandatory in California?

No, there is no legal requirement in California for employers to provide a specific notice period before terminating an employee. However, some employers may choose to provide a notice period as a matter of company policy. There are many employers that will also provide one as a courtesy to employees.

What is California Form DE 9C?

Form DE 9C is a form used by employers in California to report information about their employees’ wages and the taxes withheld from those wages. This form is used to report quarterly wage information to the California Employment Development Department (EDD). It must be submitted by all employers in the state, regardless of size or type of business.

Can my previous employer disclose why I was fired in California?

In California, the law provides certain restrictions on what an employer can disclose about a former employee. Generally speaking, an employer will not disclose termination reasons. Just dates of employment and job position. Employers cannot disclose false or misleading information about a former employee.

Build a Strong Wrongful Termination Case in California

Many people are unsure whether their case can win in court. Our wrongful termination law experts at Shirazi Law Firm, P.C., are here to help you build the best case possible to get the justice you deserve.Reach out to our expert team at Shirazi Law Firm, P.C., todayto schedule a consultation.

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