Any worker in any industry in California should know that the state operates on an at-will basis. What this means is that any employee can quit a job at any time for whatever reason. Similarly, an employer can terminate an employee’s tenure at any time for whatever reason.
However, the at-will presumption does not eliminate potential exemptions from existence. Some factors in California can still lead to a wrongful termination, and employees may take legal action to hold their employer responsible for any losses stemming from the dismissal.
Wrongful termination still exists in situations where an employer’s decision to fire an employee because of discrimination or out of retaliation. In these cases, the employee may be able to file a wrongful termination lawsuit to seek recovery.
Wrongful termination is no laughing matter. We’re here to help. Call us today at (800) 543-4829.
Wrongful Termination Because of Discrimination
In the state of California, employers cannot fire an employee because of specific characteristics. The employer may try to claim that the decision to terminate the employment because of something else, making it vital for you to work with a lawyer to determine the truth behind the decision.
An employer cannot fire someone for any of the following reasons:
Age: Whether younger or older, if an employee is still effective at his or her job, the employer cannot decide to terminate the employee because of age.
Gender: Making any decision based off gender can land an employer in hot water. An employer cannot use sex as a reason for termination.
Race: One of the most significant forms of discrimination involves an employee’s race. When the employer uses race as a factor for termination, the employee has rights to file a lawsuit.
Religion: Certain employees may practice different faiths, resulting in the need for time off and other requests. An employer cannot fire this individual unless the time off results in performance issues.
Discrimination can also arise for any other protected class including political affiliation, disability, and national origin. Whenever an employer terminates an employee of a protected class, it’s vital to show that the employee’s performance was up to par, and there was no valid reason for the termination.
Wrongful Termination Out of Retaliation
Employers are responsible for providing a safe work environment for their employees. Those employees can also report an unsafe work environment to government officials. When employers catch wind of the report, they may try to fire the employee out of retaliation to punish him or her. This is not legal.
Retaliation often comes up when an employee:
Reports illegal activity
Files a workers’ compensation claim
Protests workplace conditions or violations
Requests protected leave
An employer may try to terminate an employee for participating in protected activities such as jury duty. Whenever this happens, the employee can work with an attorney to determine what legal options are available to hold his or her employer liable for losses stemming from the wrongful termination.
Putting a Lawyer in Your Corner is the Right Step
At Aegis Law Firm, we have significant experience representing employees in wrongful termination actions. We know how to determine where discrimination or retaliation exists and protect the rights of those who have had their rights violated by their employer.
Trust in our Irvine wrongful termination lawyers to stand by your side throughout the process. We’ll pursue the compensation you need, as well as seek to right the wrongs you endure.
For a free consultation with our experienced legal team, we encourage you to give us a call today at (800) 543-4829. We’ll determine what options you have to move forward with legal action and get what’s rightfully yours.