Understanding the difference between legal termination and wrongful termination can be difficult. If you believe you might have been the victim of wrongful termination, contact PLBH at (800) 435-7542 and we can discuss your situation with you. You can also keep reading to see some examples of wrongful termination that could help you better understand what it means.
Your dismissal violated the terms of your employment contract
You might be eligible to seek compensation in a wrongful termination claim based on a breach of contract if your termination implied that your employer had broken a commitment made to you.
There may be restrictions on your employer’s ability to fire you in a written or verbal employment contract, such as when, why, and how long it can happen. In some employment agreements, a worker cannot be fired without “good cause.” Since “good cause” is left up for interpretation, it is crucial to define it. Employers must have a legitimate reason, backed by strong evidence, for terminating an employee.
California also acknowledges “implied contracts,” which are inferred from the words or deeds of an employer. For instance, policies that specify certain disciplinary actions that must be taken before an employee is fired.
You lost your job as a result of your race
An employer in California cannot terminate an employee or treat them differently because of any of the following: race, color, religion, sex/gender, gender identity, sexual orientation, marital status, medical conditions, military or veteran status, national origin, ancestry, disability, genetic information, or age if you’re over 40.
Any choice your employer makes regarding your employment that is based on one of the aforementioned protected qualities is deemed discriminatory. You must first file a discrimination complaint with the Department of Fair Employment and Housing before bringing an unlawful discrimination claim to court (DFEH).
You were fired as a result of reporting illegal activity
Employers are not allowed to retaliate against staff members who exercise their legal right to report or object to specific workplace problems, such as: wage and hour rules being broken, illegal harassment or discrimination, health and safety problems, and on-the-job accidents (such as making a workers’ compensation claim).
Whistleblowers on the job are also covered by the legislation. A worker who discloses knowledge about illegal activities, (e.g. false tax returns, shareholder fraud, other financial irregularities) usually observed while on the job, is known as a whistleblower. Your employer cannot fire you or reduce your hours in retaliation if you come forward as a whistleblower.
You lost your job after discussing labor or workplace issues with a coworker
The National Labor Relations Act grants employees the right to participate in “protected concerted activity.” Which means that you can collaborate with coworkers to address challenges at work, such as discussing your income, benefits, or other working conditions in public, taking part in a coordinated boycott of working in hazardous conditions, distributing a petition calling for more favorable hours, attempting to mobilize a crowd, collaborating with coworkers to address your boss directly, addressing the media about issues at work, and more.
Employers are prohibited from firing you, threatening you, or interrogating you under duress in relation to these types of protected coordinated activity, among others. However, you can lose this defense if you behave improperly, such as by saying or doing something egregiously offensive and knowingly untrue, or if you criticize the goods or services your firm offers without connecting the criticism to a labor dispute.
If you believe you have been the victim of wrongful termination, contact PLBH at (800) 435-7542.