California protects the individual characteristics of its citizens. These include a person’s age, gender identity, marital status, race, religion, sexual orientation, disability, and many others. If an employee, for example, is terminated for a reason relating to one of those protected characteristics, it would be considered wrongful termination. Other examples include:
- You are terminated after attending a work function with your same-sex partner.
- You are denied maternity leave or are fired after it is revealed you are pregnant.
- You arrive at work dressed in religious clothing and are subsequently terminated.
- You report wrongdoing in the workplace, such as discrimination or harassment, to your direct supervisor and are then fired.
These are just a few of the examples that could be considered wrongful termination, however. Many other instances could qualify as well. At the time of hiring, you are provided with information from your employer that includes the wage you will earn, the estimated hours you will work, and the duties you will perform. This information is the binder that protects you against wrongful termination. Your Glendale employment attorney can help investigate the evidence of your case to make a determination.
Wrongful Termination Laws
There are several laws in place that protect the rights of workers from wrongful termination at both the federal and state levels. Wrongful termination must violate at least one of the following employee protections:
- The Civil Rights Act of 1964. This act protects employees from discrimination on the basis of color, race, religion, sex, or national origin. These protections are in place throughout the employment process including during the hiring phase, considerations for promotions, and firing stages.
- The California Fair Employment and Housing Act. This act expands the protections to any business practices that practice discrimination through advertising, applications, screening, and all other stages of employment. In addition, the working conditions an employee is subjected to, including their compensation, training, and even union memberships, are also protected.
- The Federal Age Discrimination Act. Any employee 40 years of age or older is protected from any discriminatory behavior that puts their age into factors considered for hiring, promotion, firing, and compensation.
- Family and Medical Leave Act. All employees are entitled to receive up to 12 weeks of unpaid leave that still protects their job. This was designed to protect employees who may experience time away from the job for medically related conditions.
- California Family Rights Act. This is much like the Family and Medical Leave Act (FMLA) and provides up to 12 weeks of unpaid leave for employees to care for a member of their family or themselves when experiencing serious medical conditions. This includes the time needed to bond with a newborn.
Types of Wrongful Termination
Wrongful termination is a subtle violation because it can be masked in other areas of employment that employers can use. Many employers are familiar with the law and try to disguise the true motives for terminating an employee. However, the law accounts for these and defines wrongful termination in two ways to better uncover the infractions when they happen. The two types of wrongful termination include:
- Mixed motive termination. Employers can terminate employment for any reason, but the reason must be stated to ensure the termination is legal. When the termination reason has both legal and illegal contexts, then it is considered a mixed motive. If the illegal motive is concluded more easily and is deemed more substantial, then the termination becomes illegal.
- Constructive discharge. Some employers try to “push out” employees by creating an intolerable work environment. When the employee is unable to perform the duties of their job or they leave on their own accord, the employer can say that is the reason. However, when an employee can prove that there was undue stress added to the demands of their job or that the expectations of their performance suddenly changed without justification, then the employee may be able to prove wrongful termination. This same impact can be caused more subtly. For instance, an employer may not provide you with the tools necessary to perform your job or decide to turn off the air conditioner in the middle of summer.
Steps to Take After Wrongful Termination
If you feel the termination of your employment was unjustified, there are critical steps you can take that will help you and your employment attorney determine your next steps. To prove wrongful termination, you need to be able to show that the rationale for your separation was unjust and illegal. Most wrongful terminations are rooted in retaliation, discrimination, breaches of contract, or violations of public policies. To prove this, follow these crucial steps:
- Gather information. Finding evidence is the first step to proving anything, and gathering as much as possible could make a difference in your case. Any type of communication, employment documents, photos, videos, or witness statements can all prove to be useful evidence. Communications could include anything from text messages to emails to interoffice memos. One of the most crucial pieces of evidence is your own recollection of events leading to the termination. Once you have had a moment to breathe and step away from the initial anger you feel, document all you can about the termination.
- Get legal advice. Seek the help of an experienced Glendale wrongful termination lawyer, like those at Nosrati Law, A Professional Law Corporation. With an attorney’s knowledge and background, they can help review the evidence you have collected to determine if a wrongful termination claim is the right path for your case. They can also help to further investigate any necessary information that is missing from what you already have collected.
- File the claim. Working under the guidance of your attorney, proceed with a formal claim against your employer in either the state or federal court, whichever applies to your case.
Employment Law FAQs
Q: What Is the Average Settlement You Could Get from a Wrongful Termination Case in California?
A: Each wrongful termination case is different, so the settlements will be different. On average, claims award employees less than $70,000. However, this is strictly an estimate. Your settlement is going to be based on your salary, the time out of work you missed, and other damages you may be entitled to.
Q: Can I File a Claim Against My Employer for Wrongful Termination in California?
A: All California employers, whether private, public, or government-run entities, are subject to the laws that protect employees from wrongful termination. That means they can be sued for violating the protections granted to employees.
Q: How Do I File a Wrongful Termination Lawsuit in California?
A: If you suspect you were wrongfully terminated, your first step should be to contact an employment attorney with evidence to illustrate the illegal nature of your separation. Your attorney will then review the information you have and help guide you through the civil process.
Q: How Long Can You Sue for Wrongful Termination in California?
A: Wrongful termination must be filed within two years of the date of separation according to the statute of limitations. If you are going to file any additional claims for discrimination or harassment, it must also be done within one year of when the incident occurred. However, if you are part of a union and the termination was based on a breach of a Collective Bargaining Agreement, then you must file a claim within six months.
Glendale Wrongful Termination Attorney
Employment is a necessity for everyone to properly support themselves and their families. When you perform the duties of your job to the best of your abilities, there shouldn’t be any worry over losing your job.
However, when an employee experiences discrimination, harassment, or a violation of their rights and these circumstances lead to an illegal separation from their employer, it is time to get in touch with Nosrati Law, A Professional Law Corporation.
Our experienced employment attorneys can help investigate your case, provide guidance, and help you file a claim for wrongful termination.
