Wrongful termination happens when an employment relationship is ended by an employer in violation of the employee’s legal rights. In California, wrongful termination claims can arise when an employer violates a state or federal statute, general principles of public policy, the worker’s employment contract, or some other aspect of the law.
California law provides comprehensive workplace protections for employees, some of which govern how, when, and under what circumstances an employee may legally be terminated.
Employees who are fired in violation of an employment contract, for discriminatory reasons, or for exercising certain legal rights may have a wrongful termination claim. In California (as in other states), most employees work at will, which means they can be fired at any time, with or without notice. However, California has created a number of illegal reasons for termination, which are off limits for employers.
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It is in your best interest to get legal counsel as soon as possible. For most wrongful termination lawsuits, you must file a claim within 300 days of the employee dismissal.
By suing an employer for wrongful termination in California, you can potentially secure compensation for lost wages, lost job benefits and emotional trauma.
Your employer must let you keep your position if you take leave under the Family and Medical Leave Act (FMLA). However, this family medical leave law allows your employer to give you different responsibilities or job duties when you return with the same benefits and pay.
Whistleblowings laws in California make it unlawful to retaliate against a whistleblowing employee. If an employee loses his or her job after blowing the whistle, the employer can be held liable and forced to pay monetary damages to the worker.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
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