If you have been laid off or fired from your job in California, you may feel as though the situation is unfair. Is it possible, however, that your employer was actually in violation of the law when they let you go?
The right to fire
The State of California Department of Industrial Relations Division of Labor Standards Enforcement dictates that there are certain rights extended to both employees and employers, and one of these is the right to terminate the employment at any time. For the most part, it does not matter why you were fired—your employer has as much of a right to fire you as you have a right to resign. However, there are certain conditions under which an employer may be liable for wrongful termination.
When termination is wrongful
There are certain activities you can engage in as a worker that your employer may not retaliate against. These include filing a complaint about workplace safety, participating in jury duty and filing a complaint with the Division of Labor Standards Enforcement (DLSE). You can contact the DLSE if you believe you have been fired in retaliation to your participation in any of these activities.
You are also protected against discrimination. An employer may not fire you on the grounds of your sexual orientation, age, marital status, medical condition, disability, ancestry, national origin, color, gender, religion or race. If you have been discriminated against, you should contact the DLSE.
This article is intended to inform you and is not a piece of legal advice.