Currently, after the conditions that the COVID-19 health crisis has forced us into, unjustified dismissals have become increasingly common, leaving thousands of Latino workers in the United States without income mainly.
An unjustified dismissal is characterized by the violation of what is established by laws or the violation of what was originally stated in a contract. Unless there is an employment contract between a boss and an employee, employment in California is generally assumed to be "at-will".
This indicates that the employer can terminate or the employee can resign whenever they wish; however, if the dismissal violates a specific labor law, this general rule is not applicable.
It is worth mentioning that if you have identified yourself as a victim of this type of situation, you have the right to take legal action immediately, which is why we recommend contacting an employment dismissal attorney who can guide and advise you in the most appropriate way according to your situation.
At Conexión Legal, we connect you with attorneys specialized in unjustified dismissals and willing to advise you for free, to subsequently represent you in court and obtain the benefits or compensations that the law entitles you to. Get in touch with us through WhatsApp right now and tell us about your case.
How Can I Identify an Unjustified Dismissal?
Not all types of dismissals are unjustified or against the law, so knowing how to identify a case and knowing whether it is possible to proceed legally is important before starting any type of process. If you are dismissed for any of the situations we will present to you below, you may be a victim of an unjustified dismissal:
Discrimination
No employer can dismiss a worker because the employee is of a certain race, nationality, religion, sex, age, sexual orientation or has a disability, among other variety of reasons that do not prevent them from performing their activities but generate unjustified discomfort.
Retaliation
A boss cannot dismiss an employee because they filed a discrimination claim, a workers' compensation claim or participated in other protected activities.
Refusal to Commit an Illegal Act
The law prohibits any employer from dismissing a worker after they refuse to commit an illegal act.
Improper Dismissal
If your company fails to follow its own procedures when dismissing an employee, it can count as evidence of discrimination, giving rise to a lawsuit for unjustified dismissal.
Whistleblowing
Your boss cannot fire you if you have cooperated with the law or have reported any illegal activity by them or the company you work for.
Breach of Contract
Having signed an employment contract, all terms that have been stipulated must be respected. In case of dismissal, the employer must demonstrate just cause such as accumulated unjustified absences, abandonment of work, poor performance, information leakage or misuse of it, to dismiss the employee.
What Can I Receive if I Win a Lawsuit for Unjustified Dismissal in California?
After making the decision to sue and managing to reach an agreement, you may be entitled to two types of benefits or compensations, such as:
- Being reinstated to your job position
- Receiving monetary compensation for being wrongfully dismissed.
The law on unjustified dismissal in California is complex, which is why it is highly recommended that you consult with a qualified employment dismissal attorney willing to represent you and who can help you determine whether or not there truly was an unjustified dismissal.
In the vast majority of cases, when you suffer an unjustified dismissal, you will rarely notice that you have a case to act against your former employer, which is why at Conexión Legal we can help and guide you throughout your entire process. Get in touch right now by calling: 1800 201 1220 and let us help you.
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