If you suspect that you were fired for an illegal reason, give us a address at ( 800 ) 668-7984 or send us an on-line message for a free consultation .
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|Ottinger Employment Lawyers |
555 W 5th St 35th Floor
Los Angeles, CA 90013
|213-204-8002||Mon-Fri: 9am-6pm |
Additional hours by request.
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|Ottinger Employment Lawyers |
535 Mission St
San Francisco, CA 94105
|415-508-7786||Mon-Fri: 9am-6pm |
Additional hours by request.
In the sections below, our California employment attorneys explain some of the common situations where termination is considered wrongful in California .
California Wrongful Termination for Breach of Contract
If you are not an at-will employee, it is likely because your employment agreement states you will only be terminated under certain conditions, such as “ for well cause. ” If you do have such an agreement, then it would be a unlawful result for your employer to terminate your employment for some rationality not stated in the agreement. And if your agreement states you will alone be let go for “ good campaign, ” then your employer ’ mho stated cause for letting you go must fit the agreement ’ s description of what is considered good lawsuit. similarly, it would be a wrongful end point for your employer to state your ending was under the agreement if, in fact, the express reason is merely a ruse for some other improper reason. even if you do not have a written agreement with your employer, a court could inactive determine that you have an oral employment agreement or an imply contract for use. An implied narrow might be found to exist, for example, if your employer has some classify of written policy stating that the employer alone fires employees “ for thoroughly campaign. ”
transgress of the Covenant of Good Faith and Fair Dealing
If your employer fires you in a basically unfair manner, you may have a claim for wrongful end point on the basis that your employer has violated their “ covenant of good religion and fair dealing. ” In every shrink, an “ implied covenant of adept faith and bazaar dealing ” is imputed to both parties. This basically means that as part of any agreement, the parties are presumed to promise not to do anything unfair or in bad faith to deprive the other party of the benefits of the agreement. In the context of an employment kinship, this means a California employer has a basic duty to cooperate with its employee to allow the employee to accomplish his or her duties. Lies, evasions, consider inaction, miss of communication, and early forms of interference or obstruction are all potential breaches of the covenant of dear religion and average dealing and, under sealed circumstances, could give rise to a claim for wrongful end point in California .
retaliation for Complaints of Sexual Harassment
intimate harassment in the workplace is against the law. It is considered a shape of forbidden discrimination. Your employer has an affirmative duty under California law to provide a workplace that is rid of sexual harassment. thus, it is illegal for your employer to fire you, or otherwise retaliate against you, for reporting or complaining about sexual harassment ( whether directed at you or person else ), or for participating as a witness in, or prompt, a intimate harassment investigation or another proceeding. Contact Us Schedule your complimentary consultation .
- Email This playing field is for establishment purposes and should be left unaltered .
retaliation for Taking Family or Medical Leave
Your employer can not fire you for taking or inquiring about kin checkup leave. California law protects employees against retaliation by employers for using accrued sick leave for diagnosis, concern or discussion of an existing health circumstance, or for contraceptive worry for the employee or an employee ’ s family penis. California Labor Code §246.5. In fact, if you request to use paid pale leave and are fired within 30 days of your request to do so, this is presumed to be wrongful end point and the charge falls on your employer to prove that the cause for your termination was something other than your request for or use of nauseated farewell. In addition, employers may not fire you for exercising your rights to family or aesculapian leave under the Federal Medical Leave Act ( FMLA ) or the California Family Rights Act. If you work for an employer covered by one of these laws, you are entitled to take up to twelve weeks of leave for your own or a family member ’ south good health condition. If you are terminated while on FMLA leave or within 90 days of returning from FMLA leave in California, again, the jurisprudence will presume that this is a wrongful fire, and the burden shifts to your employer to prove that they did not fire you for that reason .
Your employer may not terminate you for “ whistleblowing ” – reporting the employer ’ sulfur violations of local, state or federal laws, rules or regulations. Nor may your employer end you for reporting dangerous working conditions. Source: California Labor Code §1102.5
retaliation for Complaining About Violations of California Wage and Hour Laws
Employers in California may not fire or retaliate against you for the following: Source: California Labor Code §98.6
If you are fired because you are pregnant, planning to become meaning, or dealing with pregnancy-related aesculapian issues or complications of giving birth, this is considered a form of pregnancy-related discrimination in California. This is an unlawful result under the California Fair Employment and Housing Act and the Pregnancy Discrimination Act. If you request workplace accommodations related to your pregnancy, including entrust, and are denied or terminated as a result, this would besides constitute illegitimate pregnancy discrimination .
California Wrongful Termination Based on discrimination
Employers are prohibited in California from discriminating against employees based on sealed personal characteristics of the employee. All the individuals who share those characteristics are jointly called a “ protect class. ” Protected classes in California are:
- National origin,
- Age (if over 40),
- Genetic information,
- Marital status,
- Sexual orientation,
- Gender identity,
- AIDS/HIV positive status,
- Medical condition,
- Political activities or affiliations,
- Military or veteran status,
- Victims of domestic violence, assault or stalking, and
- Citizenship status.
If you are fired because of one of these things, this is considered wrongful result. There may besides be extra protected classes based on your city ’ s laws. For exercise, in San Francisco, height and weight are besides considered protect classes .
California Wrongful Termination for Violation of Public Policy
As mentioned above, in California, there are many reasons why your ending might be considered against public policy and, consequently, improper. generally speaking, if you are fired for any reason that goes against California law, it could be considered a wrongful result which would entitle you to seek and collect damages.
Additional wrongful grounds for termination include: The California Department of Industrial Relations maintains a list of these and early specific laws that prohibit retaliation and discrimination .
If you believe you have been a victim of wrongful end point in California, we encourage you to contact us or give us a bid at ( 800 ) 668-7984 to speak with one of our experience CA employment attorneys.