In the event that an employee is dismissed from their job in a manner that contravenes state or federal laws, there may be grounds for a wrongful termination lawsuit. Even though California, as an ‘at-will employment’ state, allows employers to end employment at any time, there are still legal constraints in place. Let’s delve deeper into these limitations and how PLBH can help if you’ve been wrongfully terminated. Reach out to us at (800) 435-7542 for a legal consultation.
Breach of Contract Claims
Employment contracts often stipulate an explicit term of employment or state that termination can only occur due to substantial reasons. If your dismissal infringes upon the terms of such a contract, you likely have a compelling wrongful termination case. Contracts can take various forms, including both written and oral agreements, full-fledged contracts, or even an employee handbook.
Unlawful Discrimination
Besides federally protected characteristics, California law prescribes additional qualities that employers are prohibited from considering when making employment decisions. These encompass attributes such as race, color, national origin, religion, sex, pregnancy, age, disability, genetic information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political beliefs, military or veteran status, and victim status of stalking, assault, or domestic violence. If terminated based on any of these grounds, you may seek compensation for lost wages and benefits, along with additional damages.
Retaliatory Dismissal
All employees are entitled to exercise and protect their employment rights. Therefore, an employer cannot terminate you if you’ve taken jury duty leave, filed a workers’ compensation claim, utilized family or medical leave, reported harassment or discrimination, or protested against improper wage and hour practices.
Violations of Public Policy
Claims grounded in retaliation that align with specific legal statutes share similarities with public policy violations. According to public policy, employees cannot be dismissed for asserting their legal rights, voicing concerns about workplace violations, or refusing to fulfill illegal directives. Importantly, public policy claims do not necessitate a basis on specific legal provisions.
For example, even in the absence of a particular law forbidding the dismissal of an employee for refusing to engage in fraudulent activities on behalf of their employer, such employees still possess legitimate grounds for wrongful termination.
Depending on the nature of your case, additional claims may be applicable alongside your wrongful termination claim. Public policy claims in California may be classified under a unique type of personal injury claims, enabling you to seek compensation for further losses. In severe cases, you might also be entitled to punitive damages or emotional distress compensation.
For more information, contact us at (800) 435-7542. At PLBH, we’re committed to protecting your rights and helping you navigate the complexities of wrongful termination claims.