California’s at-will employment laws state that unless there is a time period specified in the employment contract, either employer or employee can terminate the working relationship at any time, “with or without cause.” This does not mean that an employer can fire an employee for any reason, however. Employees have rights. Wrongful termination occurs when an employer fires an employee in a manner that violates these rights.
Our San Diego employment law attorneys at Purdy & Bailey, A Law Firm can guide growing businesses on a path toward success. From your business’s foundation, you can create a positive working environment with fair, law-abiding termination policies. We can also review your existing policies to make sure they are in accordance with the law. If you are involved in a dispute over a wrongful termination, either as employer or employee, we can examine the facts of your case and provide legal representation.
Don't wait to get trusted counsel through this time. Call the firm at (858) 360-7080.
California workers have the right to work in an environment free of discrimination. Several laws—including The Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, and the California Fair Employment in Housing Act of 1959—say that employers cannot base any hiring, firing, promotion or demotion decisions based on certain elements.
Additionally, employees have the right to work in an environment free of harassment based on any of the above factors. Sexual harassment, in particular, is a common charge filed against employers. If a worker is subjected to words, actions or images of a sexual nature that make him or her feel uncomfortable, this could constitute harassment if an employer fails to take steps to correct such behavior.
Employers must make sure that they are not violating any basic employee rights when they make the decision to terminate workers. The illegal firing of an employee can result in legal battles that can both harm your brand and drain your accounts. If you stick with us from the beginning, we can make sure that you craft policies that adhere to the law, encourage a healthy work environment and guard against potential litigation.
If you want an attorney to review your termination policies, or if you have questions about whether an upcoming decision violates California employment law, we can assist you.
Keep in mind that “unfair” does not always translate to “unlawful.” To be considered a wrongful termination, your employer must have broken the law as it applies to the protected classes listed above or fired you as retaliation for whistleblowing. You might also have a case if your employer is in breach of an employment contract.
If you have a valid wrongful termination case or in other employment law disputes, you could be entitled to compensation for emotional distress, back pay and punitive damages, and you could get your old job back.
To learn more, we invite you to schedule a meeting with our San Diego employment lawyers . Every situation is different, and after one meeting we can analyze your dilemma, compare it to relevant laws and statutes and chart a path towards a positive solution.
Call (858) 360-7080 to schedule a consultation with our team today.