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Grupo MedLegal® > Blog > California > What You Need in Order to Sue for Wrongful Dismissal

What You Need in Order to Sue for Wrongful Dismissal

It is difficult to be able to sue an employer in California for wrongful dismissal, but not impossible. Although California is an at-will employment state where workers and employers can terminate the relationship without any type of cause, there are certain types of dismissals that are prohibited by law; and if they happen, they offer legal cause to be restituted and/or compensated monetarily.

Grupo MedLegal’s Accident Attorneys and Doctors

Grupo MedLegal’s accident attorneys and doctors have been suing employers for wrongful dismissal in Los Angeles for decades. These cases are complex and difficult to prove because employers look for excuses to dismiss their workers so as not to be legally prosecuted. Our group is able to analyze the details, gather employment information, and ask strategic questions that will help us to decide if your employer dismissed you wrongfully. If you have been or believe you were victim of a wrongful dismissal, it is indispensable to contact us as soon as possible before your employer destroys evidence that could be in your favor. If you think one of the examples mentioned below is similar to your situation, pick up the phone and call us as soon as possible at 1-800-838-3838 or fill our online form for your first free consultation.

Your Employer Must Have Violated a Federal or State Law

Your employer is forbidden to fire you because of your age, religion, gender, country of origin, political affiliation, sexual inclination, expression of identity, military status, or disability, among other things. For you to have legal cause, you must belong to one of these categories and prove that the reason for your dismissal is directly related to one of the categories mentioned above. For example, you are older and realize that many of your co-workers are young. Little by little, people of a certain age are being dismissed, so your employer is most likely discriminating against people of a certain age and using whatever excuse to justify it.

Retaliation

It is illegal for an employer to dismiss an employee to retaliate against a legal act that you performed or a right you exercised. For example, you have been working for the company for years and are a model employee. One day, the department of Worker Safety comes to the company to investigate a complaint against your employer and they ask you questions about it. You respond truthfully that your employer does not require the use of hardhats in the construction zone or that you do not receive the break time required by law or it is discounted from your salary. A short time later, you are fired without any apparent cause.

The Employer Violates Their Own Dismissal Proceedings

Companies with a human resources department usually have employee manuals. These explain the procedure to follow to dismiss employees and the type of appeals to which they have a right. You were hired by this company and during the new employee orientation you receive this manual. It explains the probational period, evaluations, and procedures to follow if you do not fulfill your obligations. Suppose that it specifies that you will be notified in writing and receive an evaluation and warning, as well as a period of 30 days to improve your work performance, or you will be dismissed. One day you arrive to work, and the human resources department tells you to pack up your belongings, and you escorted out of the building. They violated this procedure and you have legal cause to sue them.

Your Employer Obligates You to Violate a Law and You Refuse

The employer may not violate any type of federal, state, or local law; much less force employees to violate these laws for the benefit of the employer. The company for which you work transports and disposes of highly toxic chemical products. They dispose of some products as required by the Environmental Protection department (EPA). However, this is very costly and your employer orders you to dispose of large quantities of toxic content in different bodies of water in the area, once per week. You refuse and your employer fires you.

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