In the state of California, many employees might not be aware that their employment is “at will.” This terminology means that an individual can be let go without a specific reason. However, there’s a catch: while employers have this flexibility, they cannot dismiss someone for unjust or discriminatory reasons.
Read on to learn more about wrongful termination and contact PLBH at (800) 435-7542 for a free legal consultation with an employment law attorney.
The Basics of Wrongful Termination
It’s essential to understand that while there are valid reasons an employer might let you go, such as restructuring, inadequate performance, or a breach of company rules, if you’re dismissed based on unfair grounds, it could be a case of wrongful termination. Let’s explore the primary bases for wrongful termination claims.
Discrimination in the Workplace
Nationally, several legislations ensure that you cannot be let go based on factors like ethnicity, skin color, country of origin, pregnancy status, disabilities, faith, citizenship status, or genetic makeup. However, these protections come with certain constraints. Typically, they’re applicable to businesses with a workforce of 15 or more, with age-related discrimination rules applying to firms with 20 or more employees.
Within California, the Fair Employment & Housing Act (FEHA) steps up to offer broader protection. It ensures individuals are safe from discrimination based on a plethora of reasons, from genetic makeup to military status. Additionally, California FEHA also shields individuals from all forms of workplace harassment. The state’s Labor Code further pushes for workplaces to be safe and free from any form of violence.
If you feel you’ve been dismissed because of your association with a protected category, or if you’ve experienced harassment, it might be time to consider a legal route. PLBH, backed by years of legal expertise in wrongful termination, can offer guidance and represent your best interests.
The Issue of Workplace Retaliation
Both California and national regulations make it clear: it’s illegal for employers to retaliate against employees or potential hires for raising concerns, especially about harassment or discrimination at work. Furthermore, as an employee, you’re shielded from repercussions if you partake in activities like lawsuits or investigations linked to legally protected actions. Despite these regulations, there are instances when employers might adopt retaliatory measures. This could range from fostering a hostile work atmosphere to more overt forms of harassment. Every worker deserves a workspace where they are treated with respect and dignity.
Recognizing Other Unfair Dismissal Grounds
Apart from the scenarios mentioned above, it’s typically not permissible for employers to let go of someone due to:
- Lodging a workers’ compensation appeal
- Making a whistleblower report
- Highlighting unsafe work conditions
Employment laws can be intricate, making it vital to stay informed. Always peruse your employment guidelines to ensure you align with company policies. If you’re considering filing a grievance, understand the company’s procedure, and follow it. Document your concerns professionally, highlighting your commitment to the job and the desire for a safe, harassment-free work environment.
Safeguarding Your Employment Rights
In conclusion, if you feel you’re facing unfair treatment at work or have been unjustly dismissed, you might have a valid basis for a legal claim. At PLBH, we’re committed to championing the rights of clients who’ve faced workplace rights violations. From discrimination cases to other employment law matters, we delve deep to grasp the core issue and tailor a potent strategy that suits your specific situation. For a detailed discussion, reach out to us at (800) 435-7542.