Losing your job is never easy. When you are dismissed for unfair or illegal reasons, you may be able to file a lawsuit and seek compensation for your missed pay. If you think you were unfairly terminated, you should consult with an experienced California lawyer, such as Grupo MedLegal’s lawyers in Los Angeles.
California At-Will Employment
California, like many other states, is an “at-will employment” state. This means that most workers can be dismissed at any time, for almost any reason. Many times, there are few legal remedies.
However, there are exceptions to this rule. Although employers do not have to give employees a good or reasonable explanation for their dismissal, they cannot terminate a worker based on discriminatory opinions. For example, a woman cannot be terminated simply because she is a woman. In the same way, a person from a certain race cannot be dismissed because of their race.
Employees usually choose to file a wrongful dismissal lawsuit when they believe they were fired because of one of the following characteristics:
- Race or ethnic origin
- Sexual orientation
- Mental or physical disability
If one of these characteristics was even a small part of the reason an employee was dismissed, he or she has the right to sue for lost pay
Termination as Retaliation
In addition to the reasons mentioned above, an employer also cannot dismiss a worker to retaliate for exercising certain rights. An employee who is injured and makes a workers’ compensation claim cannot be dismissed for this reason.
Also, an employee cannot be dismissed in retaliation for having filed a complaint to expose a company’s illegal activity.
If a worker is not dismissed, but becomes obligated to stop smoking because work conditions become intolerable…
Legal Options for Workers
If you were wrongfully terminated, you can claim damages, for both past and future income lost. Workers who win these cases can receive pay that they would have earned had they not been dismissed, as well as a compensation for the emotional distress they suffered.
Additionally, an employer who unfairly terminates an employee may be responsible for paying the employee lawyer’s fees and legal costs.
California has some of the strongest legal protection in the country for workers who were wrongfully terminated. State employment laws ensure that workers who speak up about unlawful treatment or illegal activities will be protected, as well as victims of discrimination.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.