Wrongful termination can be tricky to prove but with the help of a qualified and skilled employment lawyer, you can successfully protect your rights under California law. The following are four examples of potential wrongful termination.
Wrongful termination can fall into broad categories such as:
1 – Discrimination
It is illegal for employers in California to discriminate against workers based on race, sex, sexual orientation, and age (among other protected categories). If an employer fires an older worker because they are older and without cause, they may be violating the employee’s rights. That type of termination can be challenging to prove, but it is not impossible. Other forms of discrimination and wrongful termination include firing someone because of their sexual preferences or because they have different religious views. It is a broad category.
2 – Violations of Contract
If a contract employee is terminated in such a way that it violates the terms of their contract, it may be considered a wrongful termination. Employment contracts are there to spell out expectations of the working relationship.
An example of wrongful termination due to violations of the employee’s contract can include termination for reasons that are not part of the employee’s responsibility – the employee is terminated because the sales did not meet the goals when the employee is not responsible for sales. It is not their job to sell, so they can not be terminated because of poor sales. This is also a nuanced area and very reliant upon the terms of the contract.
3 – Sexual Harassment and Other Forms of Harassment
It is illegal to terminate an employee because they are not willing to agree to a sexual relationship with another employee, supervisor, or boss. Sexual harassment is a large category of offenses. It includes touching, sex, deceptively casual remarks, and hostilities based on being turned down, approached, or coerced.
An example would be a boss who fires their admin because the admin will not go out with them or provide sexual favors to the boss.
4 – Retaliation
Retaliation is illegal in California. An employer cannot fire an employee for taking a leave of absence. They cannot fire an employee for filing a discrimination complaint or claim against the employer. They also cannot fire an employee because they testified in court about sexual harassment, discrimination, etc. Any form of retaliatory termination based on the fact that an employee used their rights may be illegal.
Wrongful termination can be difficult to prove. It is important that employees keep records of disciplinary action, evaluations, pay raises, etc. that help not only show the actions leading up to the termination, but also the value of the employee to the company.
Someone who has glowing evaluations and is suddenly terminated for asking for bereavement leave is an employee who may have been wrongfully terminated.
Contact Davtyan Law If You Feel You’ve Been Wrongfully Terminated
Learn more about your employee rights by contacting Davtyan Law at (818) 275-5799. We help fight for employee rights against wrongful termination and other violations of the California labor laws.