As a top termination attorney, the Hershey Law team has heard it all – the good, the bad, and the very ugly. Because it’s our job to protect your rights, understanding California termination laws is at the forefront of our work. Unfortunately, California is an at-will state, which means that at any given moment, with or without reason, your employer can terminate you. That is unless they break one of the laws set in place to protect workers.
Referred to as wrongful terminations, an illegal firing occurs when an employer violates any of the comprehensive legal rights of the employee. Here, we are taking a closer look at a few of those rights.
Termination based on protected characteristics.
Not only may an employer be in violation of labor laws but also anti-discrimination law under FEHA. The Fair Employment and Housing Act makes it illegal to discriminate against job applicants or employees because of a protected characteristic.
So, what is a protected characteristic?
- Race, color, ancestry, or national origin
- Age – particularly if the applicant or employee is over 40
- Mental or physical disability
- Sex, gender, gender identity, or gender expression
- Medical condition
- Marital Status
- Military or Veteran status
Termination in retaliation to whistleblowing.
Reporting wrongdoing in the office is often called whistleblowing. While the act should be kept confidential, sometimes this is not the case. Often, when reports occur against higher levels of management, retaliation in the event of job termination can occur. This act is illegal and you may be subject to a wrongful termination claim.
Termination because of requested time off.
As an employee, some situations grant you legal time away from work. If your employer terminates employment for taking this time, they have committed an illegal firing. A few of these protected times include leave for serious health conditions, family and medical leave, maternity and child bonding leave, time to vote, breastfeeding accommodations, sick leave, military leave, jury duty, and parent/school-related activities.
But that’s not all.
While these three instances are a few of the most common, there are several more. Below is a brief look at other instances that may warrant an illegal firing claim:
- Speaking another language in the workplace.
- Victims of crime
- Immigration discrimination
- Breach of contract
If you have been fired from a job, chances are, you have questions. As a top termination attorney in Los Angeles, Hershey Law is here to help you through this troubling time. Our attorneys will help you determine if you have been wrongfully terminated and take the necessary steps to gain the compensation you deserve if so.
For more information or to schedule your consultation, please contact Hershey Law today by calling (310) 929-2190.