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What constitutes wrongful termination in California?

On Behalf of | Feb 11, 2020 | Firm News |

The state of California allows employers to terminate employee’s work contracts without any reason. However, there are instances when the termination is not legal. In such cases, as an employee, you have the right to sue the company for wrongful termination. You should, therefore, understand what can constitute an illegal firing to protect yourself.

The state of California operates on an at-will employment arrangement. It means that you have the right to stop working whenever you want. Your employer also has the right to fire you for any apparent reason or even no reason. A labor contract ties the employer’s hands, inhibiting them from terminating your job whenever they want.

Even with the ability to fire anyone at will, an employer should not violate that right by committing a wrongful termination. The California Fair and Housing Act protects employees against wrongful termination. According to LegalMatch, wrongful termination may arise when an employer decides to discriminate against you due to your race, religious practices, gender, sexual orientation, national origin, mental and physical disability.

If your termination was the result of any of the above motivations, then it is illegal under the law. Wrongful termination may also occur when you exercise your duties according to the law but in contrast to what your employer may want. A good example is reporting instances of sexual abuse or even taking sick leave against the employer’s instructions.

When you experience wrongful termination, you have the right to sue your employer and seek damages. California allows employees to receive monetary paybacks to help recover previously lost wages and future benefits. You may as well get emotional damages if the conduct of the employer was malicious.