In the US, federal law offers minimal security to the worker. Workers are prohibited from being discriminated against based on age, gender, sexual orientation, and religion. In addition, the law establishes a minimum wage and the right to overtime pay. If there is a conflict between federal laws and state laws, federal law prevails and annuls state laws. However, most workers’ rights regulations are made at the state level.
Laws from the State of California that Assign Basic Rights to the Worker
California is one many states that participate in at-will employment. This means that the employee can resign from his job at any time. At the same time, an employer can dismiss an employee without a valid reason. However, the state of California has created certain exceptions to this rule, giving the worker more protection. This is a complex area of labor law with many aspects that are difficult to prove. Below, we will try to explain your basic rights as a worker. However, Grupo MedLegal’s group of accident doctors and lawyers can give you more information if you request a free consultation. We will review your case and inform you of the benefits you have access to and our plan to assist you.
Protection of At-Will Workers
The Employer Cannot Dismiss Unjustly
Among wrongful dismissals there is one type based on public policy. This means that the employer cannot fire you because you applied for Workers’ Compensation benefits, after having suffered an accident. The law also offers protection in this category if you refuse to follow instructions from your employer that are illegal.
The Employer Cannot Terminate You if There Is an Implicit Contract
Although California is an at-will employment state, implicit contracts between you and your employer offer some protection if your employer decides to fire you for no reason. When does an implicit contract exist? You have just gotten a job in Los Angeles, you go to a training session, and you are given a manual where it says you will only be fired with cause. Also, there may be an implicit contract if your employer has told you that your job is secure provided that you comply with your work obligations.
The Law Protects You if You Are an Informant
If you notify the appropriate authorities that your employer is breaking the law, the employer cannot fire you. Examples of this category are when you know that your employer is illegally disposing of toxic materials to save money. The law offers you protection because it seeks to protect the wellbeing of society and protect people who are acting correctly.
Your Employer Cannot Dismiss You for Reporting Sexual Harassment
This category can equally affect people of both genders. Your employer does not have the right to fire you after having denied you from sharing something with someone in a higher position than yours (usually a supervisor) in private situations or if you have rejected sexual advances from a superior while working.
Being fired from a job can turn your life into a nightmare. The repercussions will cause a great impact on you and your family that can last years without being reversed. If you have been fired unjustly or if you want to know your workers’ rights before taking action against your employer, contact us to review your case.
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.