Have you been unexpectedly dismissed from your job and feel uncertain about your next steps? Are you in a quandary about your legal rights following an unjust dismissal? Many individuals from Los Angeles reach out to PLBH for guidance on their employment-related issues.
If you suspect your termination was unlawful, partnering with a seasoned employment law attorney can prove invaluable. However, navigating these cases can be complex. Below are responses to some frequently asked questions to provide you with initial clarity. For more personalized advice, contact us at (800) 435-7542 for a consultation.
Signs of Unlawful Dismissal: What to Look For?
If your employer dismisses you for engaging in a protected activity – such as reporting your employer for fraudulent activities, safety code violations, or wage and hour contraventions – this could indicate wrongful termination. Likewise, if you refuse to participate in illegal workplace activities and are dismissed, it constitutes wrongful termination.
Dismissals based on legally protected traits, such as age, race, color, national origin, gender, disability, pregnancy, religion, or veteran status, also qualify as wrongful terminations.
Does Being Replaced by a Younger Employee Constitute Wrongful Termination?
Possibly. This scenario might suggest age discrimination and wrongful termination. According to California’s age discrimination laws, individuals aged 40 or over are entitled to protection. However, the decisive factor is usually the employer’s underlying motivation.
Can Breaching a Contract Result in Wrongful Termination?
California’s at-will employment provisions do not apply to all employees. Some employers and employees have agreements that can limit the employer’s authority to dismiss a worker arbitrarily. If there is no valid reason for dismissal, such employees might have a valid wrongful termination claim.
Contract employees can be legally terminated if they knowingly breach a contract or persistently fail to fulfill their duties. Both oral and written contracts are recognized by the state law.
Does “At-Will” Employment Give My Employer the Right to Fire Me Without Reason?
In a way, yes, but it’s not that simple. At-will employment allows either party to terminate employment without providing a reason or advance notice. However, it does not permit employers to dismiss employees for illegal reasons, such as discrimination, retaliation, or violation of fundamental rights.
Is Reporting My Boss’s Criminal Activities Grounds for Wrongful Termination?
Absolutely. You have the right, and often the obligation, to report any illegal activities at the workplace. If your employer retaliates, including dismissing you, this constitutes clear retaliation and grounds for a wrongful termination claim.
Can Applying for Workers’ Compensation Result in Job Termination?
Not at all. In California, employers with workers’ compensation insurance must facilitate employee claims, not hinder them. You should promptly report any workplace injuries requiring medical attention to start the claims process.
If your employer retaliates against you for intending to file for workers’ compensation benefits, such as withholding necessary paperwork, demoting you, altering your working hours or pay rate, or dismissing you, you can take legal action against them.
For answers to other questions or to begin with your case, reach out to PLBH at (800) 435-7542.