November 13, 2013

Understanding Wrongful Termination Under California Law

Many California workers believe that if they are terminated from their place of employment without being given any sort of reason, this constitutes illegal wrongful termination. However, this is incorrect.

California is an ?at-will? state. This means that if you are an employee working for a California employer, you can be terminated for any reason?or no reason at all. In order to be eligible for a wrongful termination claim, you must have been fired by your California employer in violation of some state or federal law. Wrongful termination includes employee job loss for any of the following reasons:

  • Age, race, sex, sexual orientation, disability, marital status, religion, national origin, or gender identity.
  • Engagement in legally protected activities, such as having taken time off for disability leave, family leave, or military leave.
  • Objecting to illegal conduct at the workplace.

If you were employed in California and believe you have been wrongfully terminated, you must first file a claim with the?California Department of Fair Employment and Housing? (DFEH), obtain a Right-to-Sue Notice, and then file a lawsuit. A claim with the DFEH must be filed within one year of the wrongful termination. The employee must then file a lawsuit within one year of obtaining the Right-to-Sue Notice. However, determining whether or not you have been wrongfully terminated is very fact-specific and requires a careful analysis of the circumstances of your termination.

There is also a statute of limitation for wrongful termination claims. Therefore, it is in the former employee?s interest to promptly seek the counsel of an employment attorney. If a lawsuit is filed on your behalf, you may be entitled to both compensatory and punitive damages.

The aggressive labor and employment lawyers at Beverly Hills Law Corp., PC can assist you in determining whether you have been wrongfully terminated in violation of California labor laws.

Back To All News