Being laid off is inevitable, especially when an employee's workplace is on the brink of bankruptcy or shutting down for good. However, termination is an entirely different story if a worker is terminated for illegal reasons.
But what is wrongful termination, and why do many employees suffer from groundless dismissal?
At-Will Employment Overview
All U.S. states, except for Montana, are presumed to have "at-will" employment relationships, which allows an employer to terminate an employee anytime for any reason, except an illegal one, or no reason without incurring legal liability. Likewise, while an employee is also free to quit or leave employment anytime for any or no reason without lawful adverse outcomes, but it comes with more disadvantages on the latter’s side than most realize.
An employer can change employment terms, such as adjusting wages, reducing paid time off, or even terminating benefits with no notice and without having any consequences, which leaves employees vulnerable to sudden dismissal, both pay and benefit cuts. However, these are not the only ones that employees have to worry about because they could also be terminated, may it be wrongfully or not, at any time.
What Counts as Wrongful Termination?
California-based employers or companies violating state or federal laws when firing an employee allows you to have a valid wrongful termination claim. While it is possible for businesses to terminate their employees at any given time, the law has many restrictions on when workers can lose their jobs despite being an "at-will" state.
Discrimination Claim
It is the most common reason for wrongful termination because employers often based their hiring decisions on the following category:
- Age,
- Gender,
- Race and ethnicity,
- Skin color,
- Sexual orientation,
- Religion,
- Disability,
- Pregnancy,
- Citizenship and marital status,
- Any medical condition, including AIDS/HIV status,
- Political activities, and beliefs, and
- If you have ever become a victim of assault, domestic abuse, or stalking.
Suppose an employer did give a job offer to anyone who does not meet a certain company standard and has decided to dismiss that employee for a couple of months or years later on; fortunately, these mentioned categories are considered protected characteristics under federal law. A California-based employer or company who uses this as their deciding factor for an employee's termination can be held liable for failure to follow such enactments.
Retaliation Claim
It is the second most common form of groundless dismissal. Employers firing their employees for exercising and enforcing their employment rights to take time off for family or medical reasons, file compensation claims or complaints against discrimination, harassment, or illegal wage and hour practices are against the law and must be held liable.
Public Policy Claims
It can be connected to retaliation claims. However, it follows a specific legal provision that protects employees not to be terminated for exercising their legal right, refusal to commit or participate in an illegal act, and complaining about any illegalities within the workplace.
- Your case may also involve other rights that have been violated depending on the type of wrongful termination claim you want to file. In the state of California, public policy claims also count as a personal injury claim, which makes it possible for the opposing party to cover other damages in your compensation. If your case is considered severe, the judge may order the employer or business to cover the emotional distress and punitive damages you, the victim, have suffered.
- Personal injury claims can also be related to discrimination and retaliation claims because you may have grounds to recover compensation if your termination involves damages. You may also have grounds for assault, battery, harassment, or retaliation if you had complained about experiencing sexual harassment at the workplace, whether before, during, or after work hours, and you were discriminated against or terminated after the complaint has been made.
- You may file for a defamation claim if your employer maliciously spreads information meant to sabotage your chances of landing a brand-new job or falsely accuses you of anything you did not do. You may also even file for a fraud claim if your employer promised to give you certain benefits upon hiring or completing work that they had no intention of fulfilling.
- Filing a compensation claim for the injustice you experienced is a daunting task. However, lawyers such as mitchelllawcorp.com can help you file the necessary paperwork to even taking your case to court should the opposing party fails to give you what you deserve.
Contract claims
It can be filed if your employer breaches the terms of an employment contract for firing you. Employment contracts contain a guarantee of employment, and some even include a statement that mentions that the said employer will only fire you, their employee, for a specific cause. You will have a firm claim for wrongful termination if the employer fails to follow the contract or the employee handbook they have created.
Most companies get away with groundlessly terminating their employees because of a presumption that you, a mere employee, could never win the legal battle for seeking justice and well-deserved compensation. The Law Office of Omid Nosrati does not put up with wrongful termination, and neither should you.