We can identify as wrongful termination when there is a termination of contract or labor relationship under conditions that violate one or more state or federal laws. As well as when there is a breach of a written or implied contract.
Speaking particularly about the United States and specifically California, it is important to mention that carrying out the legal process of wrongful termination is not easy. This is because most workers have "at-will" contracts for which only a job application signed by the job applicant is required.
Working conditions in the United States are different from those in most Latin American countries in this matter, so in the absence of a formal employment contract signed by both employer and employee, the employment relationship can end at any time for a just reason or not, without needing to break the law.
However, there are certain situations in which an employer does not have the right to fire you just because. In case of doubt, you should consult with a labor attorney in California with the experience and ability necessary to protect your labor rights.
At Conexión Legal, we have attorneys specialized in working in labor law and worker compensation, so contacting us via WhatsApp or by phone at 1800 201 1220 to obtain a free consultation about your case should be your priority.
According to the legal definition of each state, some of the violations to the law that constitute wrongful terminations, although they may vary, we could find in most cases the following:
Discriminatory Termination
In the state of California there are certain classes that are protected, such as race, age, sex, religion, sexual orientation, national origin, identity of expression, disability, military or veteran status and medical condition, pregnancy, among others. Therefore, you cannot be fired for any of these conditions as the main reason.
Termination in Violation of Contract
This situation occurs when the worker is fired without taking into account the terms established in the employment contract that he or she signed when starting the employment relationship. An example of a basic rule implied in the contract is generally that the employee cannot be fired while they are working and complying with their tasks and duties.
Retaliation Termination
It is when the employer prohibits the worker from exercising his or her labor and legal rights in general by filing a workers' compensation benefits claim, after suffering a work injury.
Similarly, this applies when the employee is fired for serving as a witness in court in a case against the employer or his companies.
Termination for Refusal to Collaborate in a Criminal Act
Sometimes workers are forced by their bosses to perform tasks that violate local, state or federal laws. Therefore, the law establishes that an employee cannot be forced by any employer to violate the law and protects them against reprisals taken against them or any type of harm to their job.
Non-Compliance with Termination Procedures
Most companies have an employee manual in which they establish the steps to follow in case of labor non-compliance. When the employer fires the employee without adhering to the established procedure, it is also considered wrongful termination.
Do not miss the opportunity to have fair, serious and professional representation by a labor attorney in California from Conexión Legal. Request the free consultation you need and let us protect your rights in court.
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