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California Ley de despido improcedente - Todo lo que debe saber

Emanuel Shirazi

If you are a hardworking and dedicated employee who has been recently fired by your employer for inappropriate reasons, such as need for medical leave or accommodation, discriminatory reason, retaliatory reason, sexual harassment,or even taking sick leave, know that the law protects you.

Current Federal and California Laws Regarding Wrongful Termination

There are various federal and state laws that govern wrongful termination in California, including:

  • Title VII of the Civil Rights Act of 1964:This federal law prohibits employment discrimination based on race, color, religion, sex, and national origin.
  • The Americans With Disabilities Act (ADA):This federal law prohibits employment discrimination against employees with disabilities.
  • The Age Discrimination in Employment Act (ADEA):This federal law prohibits employment discrimination against employees who are 40 years of age or older.
  • The Fair Employment and Housing Act (FEHA):This state law prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, disability, medical condition, marital status, and pregnancy.
  • The California Labor Code:This state law governs various aspects of the employer-employee relationship. This includes wage and hour laws, workers’ compensation laws, and whistleblower protection laws.

For workers who have been unlawfully fired, these rules offer a variety of remedies, including:

  • Reinstatement
  • Salario atrasado
  • Front pay
  • Emotional distress damages
  • Daños punitivos

Employees who were wrongly terminated may also be entitled to reimbursement for their legal bills and other expenses.

If you believe you have been wrongfully terminated, it is important to consult with aLos Angeles wrongful termination attorneyfor guidance on your legal rights and options. An employment lawyer may defend you in any legal procedure. They can also assist you indetermining if you have a wrongful termination claim.

Wrongful Termination Labor Law

Employers are prohibited by Labor Code Section 2929 from firing an employee in retaliation for wage garnishment. This is when wages must be withheld to pay off a pending debt. Additionally, California employers must comply with Labor Code Section 1198.3. This bars an employer from discharging or retaliating against an employee who refuses to work longer hours than permitted by law.

Importantly, if they are unjustly fired under certain circumstances, California’s wrongful termination law provides employees with the right to file a claim against their former employers. The seven main grounds for a wrongful termination claim in California are:

  • Discriminación
  • Whistleblower activities
  • Implied contract violations
  • Public policy violations
  • Filing a workers’ compensation claim
  • WARN Act violations
  • Taking employee leave or making wage and hour complaints

Additionally, California’s whistleblower protection law, Labor Code 1102.5, protects employees who report suspected violations of the law by their employers to a government or law enforcement agency. Other statutes provide more specific forms of whistleblower protection, such as the Sarbanes-Oxley Act of 2002, which protects investors. The “qui tam” section of the California False Claims Act protects state employees.

State law also requires employers to pay all salaries owed at the time of termination. This is outlined in California Code of Labor Section 201. Furthermore, effective January 1, 2023, SB 523 has made it unlawful for an employer to require applicants or employees to disclose information relating to their prior reproductive health history. They are also barred from asking about current decisions regarding their reproductive health. These changes to the labor law have made it even more difficult for employers to wrongfully terminate employees.

FAQs About California Wrongful Termination Laws

What are the California labor law changes for 2023?

California’s labor laws are set to undergo significant changes in 2023, with the state’s minimum wage increasing to $15.50 per hour for all employers, regardless of size. This wage increase is applicable to all businesses, including those with 25 or fewer employees. Additionally, certain cities and counties are implementing additional laws and regulations that are specific to their locations. The minimum wage in the City of Los Angeles went to $16.04 per hour recently. If you are an employee in California, and your employer has not upgraded your pay in accordance with new legislation, you are entitled by law to receive compensation.

Can you just quit a job in California?

Generally speaking, yes. It is possible to terminate a job in California. However, the exact procedures will depend on the specific situation. Generally, it is best to provide the employer with a written notice of resignation at least two weeks before the desired date of termination. In some cases, it may be possible to terminate employment without providing a written notice of resignation. However, if the employer chooses to do so, they must provide the employee with appropriate notice, as required by the California Labor Code.

But, if you wish to bring a claim against your employer, you should contact an experience employment lawyer before quitting.

Is it better to quit or be fired in California?

In terms of having a wrongful termination case, it is better to be fired.

What is the average payout for wrongful termination in California?

All cases are different. Recently, Shirazi Law Firm obtained a total payout of over $2.1 million. But, no 2 cases are alike and that is not a typical result.

Learn More About Protecting Your Rights

If you believe that you could potentially face wrongful termination, or that you have already been a victim of it, you shouldspeak to an experienced and well-known Los Angeles wrongful termination attorney from Shirazi Law Firm, P.C.Our firm can help you learn more about what your rights are in your case.

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