California workers have the right to feel safe in the workplace. Employers must abide by specific federal and state laws that dictate how they address claims of a sensitive nature.
However, sometimes employers may decide not to go about doing things by the letter of the law. Part of this involves terminating an employee for the wrong reasons. The attorneys and staff at The Rutten Law Firm want to make sure you understand you do not have to let a wrongful termination stand. Explore these examples of employers firing an employee unlawfully.
Discrimination
One of the most common underlying reasons employees face unlawful termination is discrimination. The Fair Employment and Equal Housing Act sets out the groundwork that employers with more than five employees must follow. A person cannot face termination for a variety of reasons, including:
- Pregnancy
- Sexual preference
- Age (above 40)
- Gender
- Disability (mental or physical)
- Race
Other protected classes include the mentally or physically disabled, those in the military, marital status, genetics and those with medical conditions.
Retaliation
Sometimes people get hurt at work and want to get benefits to help them through, so they file a workers’ compensation claim. Unless there is an underlying reason, someone cannot face termination once they file a complaint of any type until the process concludes. Someone who files a claim of workplace harassment cannot lawfully face firing unless there is a priory history of the proper disciplinary action.
Facing a pink slip is difficult, especially when handled improperly and unlawfully. For more insight on this and other related subjects, visit our website.