Wrongful termination is one of the problems that affect many of the workers in the state of California. Therefore, both independent workers and those who work in a dependency relationship should be aware of the state’s laws to prevent them from being unjustifiably fired or even from the employer forcing their employees to resign.
None of this is right, and at Lipeles Law Group, we want to help you understand in what situation a dismissal may be illegal.
While the laws in California state that most jobs are “at will,” the grounds for your dismissal cannot be illegal. The employer can fire the employee at any time and for any reason that he considers, as long as the reasons why he decided that the employee will no longer belong to the company are not illegal.
Some of the illegal reasons why an employer may decide that an employee will no longer be part of their work team can be:
- Discrimination: either because of his/her age in case the person fired is an elderly person, because of his/her sexual orientation, his/her religion, because he/she has a disability or a particular medical condition, and even because of his/her ethnicity). All of this is illegal, and you are within your right to file a lawsuit against your former employer.
- Violation of the contract: when entering a job, it is required to sign a contract, which establishes points of mutual agreement on the part of both the employer and the employee. If your boss violates some of the arrangements specified in your contract, your dismissal is illegal).
- Violation of their rights: all employees have rights and benefits within their workspace, such as medical leave, family leave, and even military service. If your boss decides to terminate your contract for enforcing your rights, which are contemplated under the law, whatever the reason, this dismissal is unjustified and, therefore, is not contemplated by law).
California, through employment laws, seeks to protect employees from employers who simply ignore the rights of their workers.