California Wrongful Termination Law – What You Need To Know

California Wrongful Termination Laws

On top of federal laws pertaining to wrongful termination, the state of California has its own statutes regarding when an employer can and cannot fire an employee. Understanding California wrongful termination law can help you learn whether you’re the victim of wrongful termination after losing your job.

Talking to a Los Angeles wrongful termination lawyer at Nosratilaw, A Professional Law Corporation can help get you the answers you need and to fight for your rights against a negligent or unlawful employer in Los Angeles. Review the most important things to know about the California termination law before taking your claim to an attorney.

What Is Considered Wrongful Termination in California?

Before you learn more about the specific laws that protect you from becoming the victim of wrongful termination, it is important that you understand what is considered wrongful termination and how it impacts California wrongful termination law. Simply put, wrongful termination is when an employer ends your contract or employment for illegal and unethical reasons. This can include, but is not limited to, the following examples:

• Discrimination. Discrimination is an umbrella term that includes any form of mistreatment motivated by non-performance-related attributes. This includes racism, ageism, ableism, sexism, gender-based discrimination, and more. Your employer cannot legally fire you for any of the aforementioned reasons. If you suspect your recent termination was motivated by discrimination, contact a wrongful termination lawyer right away.
• Retaliation. Sexual harassment is, unfortunately, a prolific workplace problem. As of 2021, 78.2% of all sexual harassment claims are filed by women. Sexual harassment can lead to retaliation, which is when an employer mistreats an employee for declining their sexual advances. This can occur in the form of denying to promote the employee, withholding raises or benefits, abusing the individual in the workplace, and/or wrongful termination.
• Law violations. It is not legal for your employer to fire you because you have been accused of committing a crime or have past convictions on your record unless it directly violates their legal responsibilities, such as convicted sexual or physical violators often cannot work with children and/or vulnerable adults.
• Requesting and/or taking family, bereavement, medical, and pregnancy leave. You have a legal right to take medical, family, pregnancy, and bereavement leave. If your employer terminates your employment because you have requested or are taking legally-sanctioned leave from your workplace, they are violating the law. This is a form of wrongful termination, and, with the help of a lawyer, you can file a claim against your employer for the injustice you have suffered.
• Requesting reasonable accommodations: In 2022, the Pregnant Workers Fairness Act (PWFA) made it illegal for employers to deny their pregnant employees reasonable accommodations, and this extends to medical and family needs, as well. It is illegal for your employer to fire you for requesting these accommodations, and it is also against the law to deny any reasonable accommodation requests that are outlined by the state and/or company.

Getting fired can be an incredibly traumatic experience, leaving you doubting yourself and questioning whether or not your termination was justified. If you have even the slightest suspicion that you have been unjustly fired for any of the aforementioned reasons, you may benefit tremendously from the legal assistance of a wrongful termination lawyer.

At Nosratilaw, A Professional Law Corporation, we make it our goal to help you pursue justice and monetary compensation. Your reputation, self-confidence, and self-image all matter, and you have a right to pursue recompense for all three, as well as any money you may have lost resulting from your unjust termination.

When you hire a wrongful termination lawyer from Nosratilaw, A Professional Law Corporation, you are aligning yourself with someone who is prepared to represent you, your rights, and your interests, serving as an active advocate on your behalf. Instead of shouldering the emotional, legal, and administrative implications of a wrongful termination claim, entrust it to us. You deserve representation from an attorney who believes in your goals and your freedoms as an employee.

• California Is an “At-Will” State

  • California obeys “at-will” employment laws. This means that all employers have the right to terminate employees at will, for almost any reason, or for no reason at all. This does not, however, mean that an employer can fire someone out of discrimination, harassment, or retaliation. If the job termination infringes upon the employee’s civil or employment rights, it is likely wrongful termination.

• You Must Be an Employee

  • To have a wrongful termination claim in California, your status at your workplace must be that of an employee, not an independent contractor. As an independent contractor, you technically work for yourself, not the employer or client. For the most part, the law will consider someone an employee if he or she operates under the supervision and control of an employer. In some cases, an employer misclassifies workers as independent contractors to evade responsibilities. If you suspect this is the case, you could still have a claim against your employer.

• Employers Cannot Fire You for Unlawful Reasons

  • Despite the flexibility of California’s at-will employment laws, there are scenarios in which it is unlawful to terminate an employee. This includes firing someone in a protected class such as race, gender, sex, disability, religion, or political affiliation. Firing a worker for requesting time off, taking medical leave, or taking leave under the federal Family and Medical Leave Act is also an example of unlawful termination. Firing someone because he or she reported a violation of the law, or for reasons that go against public policy, also qualifies as wrongful termination in California.

• Breach of Contract Could Be Wrongful Termination

  • In some cases, California’s at-will laws don’t apply to employees. There are contracts between employers and workers that could limit the employer’s ability to fire a worker at will. In these cases, employees might be able to argue wrongful termination if the employer had no reason to fire them. Legal reasons to terminate contracted employees include the employee willfully breaching a contract, habitually neglecting his/her employment duties, or being unable to perform duties. Verbal and written contracts qualify under state laws.

• You Have the Right to Speak to an Employment Lawyer in Los Angeles

  • The best way to protect your rights is to talk to a lawyer as soon as your employer terminates you. Losing your job can have far-reaching consequences for your personal and professional lives.

While you may be able to reach a settlement outside of the California courts, there is still the potential that you may need to schedule a court appearance to accomplish a resolution. Depending on what area of Los Angeles is most conveniently located for you, your case could potentially be carried out in the Los Angeles Superior Court – Stanley Mosk Courthouse, the U.S. District Court for the Central District of California – Western Division, or one of the additional locations of the Los Angeles Superior Court, such as the Santa Monica or the Van Nuys courthouses.

Talking to a Los Angeles employment attorney can give you the most important information about your situation, as well as help you learn what to do. If you have enough evidence, you could be eligible to recover damages against your employer and even get your job back. Call (310) 553-5630 or visit our website to get in touch with Nosratilaw, A Professional Law Corporation today.

FAQs

What Qualifies as Wrongful Termination in California?

Simply put, if an employer terminates your employment for any reason that is not in keeping with the local laws and is considered unethical, it is considered wrongful termination. Your employer cannot fire you based on discriminatory reasons such as racism, ableism, ageism, or sexism.

Employers also cannot fire you as a retaliatory act in response to denied sexual advances, whistleblowing, or calling attention to problems. They cannot terminate your employment because you take family, medical, or pregnancy leave.

How Long Will My Employment Defense Case Take in California?

Due to the unique nature of every case, there is no guaranteed timeline for wrongful termination cases in California. Some of the variables that may impact your specific timeline are how complex your case is, if you go to trial, how long it may take to reach any of the necessary settlements, and the overall speed of the California court system. Hiring a wrongful termination lawyer can help you avoid easy missteps that could potentially lead to avoidable setbacks.

How Much Does It Cost to Hire a Wrongful Termination Lawyer in California?

Every wrongful termination case presents its own unique variables, which means that it is difficult to pinpoint a specific cost for this variety of lawyers in the state of California. Some consistent factors that often impact the final price you may pay, however, include the complexity and duration of your case. At Nosratilaw, A Professional Law Corporation, our lawyers work hard to help you achieve an outcome in your case that you feel is worthy of every cent you spend.

Can I Represent Myself in a Wrongful Termination Case in California?

While it is perfectly legal for you to represent yourself in your wrongful termination case, many Californians have found hiring a wrongful termination lawyer to be extremely helpful and beneficial. When you enlist the assistance of a skilled and knowledgeable lawyer, you can set yourself up for increased success. Your lawyer will be able to serve as an advocate for you, your rights, and your desired outcomes. You can also avoid unnecessary setbacks and potential miscarriages of justice.

Contact us today.