Although as we have already mentioned previously, when an employment relationship ends it does not in all cases count as unjustified dismissal, in many of them workers have the right to file a claim if they believe their labor rights have been violated. In the specific case of the state of California, employment is at-will, so employers are protected by law to regulate or terminate work without having to give reasons.
However, this does not mean that employers can unfairly dismiss employees when they are satisfied with their services. In some cases, the dismissal of workers may be illegal and constitute improper or wrongful termination. When employees are dismissed for publicly violating the employment contract, they can file a lawsuit for wrongful termination under the analysis and appropriate guidance of a wrongful dismissal attorney expert in the subject.
If you believe that your rights were not respected and believe you have a case of wrongful dismissal in California, you should contact Conexión Legal immediately by calling 1800 201 1220 or write to us via WhatsApp so you can receive the best legal advice completely free of charge and, subsequently, legal representation from a professional who can obtain the highest possible compensation.
What Do the Laws Say About It?
Some cases of wrongful dismissal are based on discrimination based on gender or sexual orientation mainly in Los Angeles, so wrongful dismissal is a typical representative of the Fair Employment and Housing Act (FEHA).
The law applies to companies that employ five or more employees, not including family members such as spouses, parents or children, workers employed by religious groups or nonprofit organizations.
The Fair Employment and Housing Act (FEHA) provides protection to workers in situations of dismissal, payment or termination of benefits, poor working conditions or privileges based on different races, nationalities, marital status, gender, religious beliefs and other conditions.
There are two basic premises for defining wrongful termination in California for example:
- That the employer makes a decision that violates the law.
- If their actions violated the rights of workers and violated the employment contract. Unless there is an employment contract between the company or employer and the employee, employment is voluntary. Therefore, the employee can be dismissed without explanation in certain circumstances.
For their part, workers have the right to resign at any time; however, if the dismissal of the employee violates labor law, it will constitute a violation or offense. To dismiss workers, the company must follow legal and appropriate dismissal procedures.
Not only for legal reasons, but also for reasons created by humans. Generally, this procedure is established in the employee manual or in the company's employment policy. If this procedure is not followed and the worker is harassed or mistreated, a wrongful dismissal lawsuit can be filed with the help of a wrongful dismissal attorney.
If an employee is dismissed for any of the following reasons, the dismissal is considered illegal and improper:
- Race
- Religion
- Gender
- Sexual orientation
- Pregnancy
- Physical disability
- Mental disability
- Any type of conditions
- If it occurs after requesting a protected medical leave or returning from leave
- If it occurs due to a claim for some workers' compensation from the employer or a claim of sexual harassment
- For absence because the worker served as a juror in some trial, participated in voting or served in the military.
- Reporting illegal activities or company violations to the competent authority.
- Reporting unhealthy or unsafe working conditions to the Occupational Safety and Health Administration (OSHA)
Retaliation caused by not terminating employment is also considered illegal. Sometimes, employers must be careful not only not to dismiss workers without reason, but also not to retaliate against them.
Some of these reprisals can be translated into:
- Job demotion
- Salary cuts
- Use of false testimony to notify reports on worker performance
- Changing tasks
- Changing tasks that interfere with workers' disabilities
- Workplace harassment in front of coworkers
- Increasing working hours
- Job isolation
If you have been a victim of any of these situations or any type of wrongful dismissal in California, do not forget that you have a specific time to take legal action and that the Fair Employment and Housing Act supports you.
Contact Conexión Legal as soon as possible so you can receive the best legal advice without the need to use a single dollar from your pocket and in this way we can connect you with professionals in the law in specific matters so that you can access the highest possible compensation for your case.
Follow the steps of the following form to schedule your free consultation appointment.
