Getting to Know California Employment Laws
California workers that are classified as “at will” workers may find themselves in danger of being terminated from their workplace for virtually any reason or even if it is an unjust one for no reason in the slightest. Typically, an employee that does not have an employment contract has been working for an organization for less than five years might be considered an “at will” employee under the California employment laws.
The termination needs to have violated some fundamental right to file a wrongful termination claim. Simply put, this means that the state regulation federal statute or constitutional provision should have already been violated by the termination. For instance, if the employer orders an employee to do something which is against the law, regulation, ordinance or statute, the employer cannot legally fire that worker for refusing to do such a thing. More to this, one may pursue this in cases such as when an employee complains about what they believe is a violation of the law such as failure to pay overtime, late payment of wages or workplace safety issues and is fired as a result.
Another violation that would lead to a wrongful termination claim comes up when the employee’s true reason for letting go of the worker is based on the employee’s gender, age, disability, religion or national origin. Even though such discriminations are under the California Fair Employment and Housing Act, they may also lead to a common law claim as they may be in breach of the public policy. Similarly, this also is true for termination made in retaliation for an employee’s opposition to or complaints about harassment or discrimination on any one of the protected classifications listed above. Take the example when an employee complain about sexual harassment and is criticized at work for it or is written up, disciplined or fired. In this instance, they would possess a claim for retaliation under the Fair Employment and Housing Act and also under common law.
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Other terminations might be illegal as they’ve been prohibited under different laws. Some of these include the firing of employees based on sexual orientation or those that take maternity or medical leave. Employees who have to take leave due to a serious medical condition or must care for a child or parent that has such a condition, are protected under the law. The protection under law applies if they have worked for the company for more than a year or more than 1250 hours during the previous year or the organization has more than 50 workers within a seventy-five-mile radius. State and Federal laws are enacted to protect workers against wrongful termination. Generally, these laws forbid termination according to gender, age, race, nationality, religion, and disability.A 10-Point Plan for Options (Without Being Overwhelmed)