California workers that are categorized as “at will” employees may find themselves in danger of being terminated from their workplace for virtually any reason even when it is an unjust one or for no reason at all. Normally, an employee who has been working for an organization for less than five years and does not have an employment contract, may be considered an “at will” employee under the California employment laws.
To successfully file a wrongful termination claim, the termination will need to have offended some fundamental right. Simply put, this means that the state regulation federal statute or constitutional provision should have already been violated by the termination. For example, when the company orders an employee to do something which is against regulations, the law, ordinance or statute, the employer cannot lawfully fire that worker for refusing to do this kind of 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 breach that will lead to a wrongful termination claim comes up when the employee’s accurate reason for letting go of the worker is dependent on age, the employee’s sex, handicap, religion or national origin. Although such discriminations are under the California Fair Employment and Housing Act, they can also result in a common law claim as they can be in breach of the public policy. Similarly, this also is true for termination made in retaliation for a worker’s opposition to or complaints about discrimination or harassment on any one of the protected classifications. Consider the case when an employee complains about sexual harassment and is criticized at work because of it, disciplined or fired. In such a case, they would have 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 are the firing of employees because of taking medical, or maternity leave or sexual orientation. Employees who need to take leave as a result of a serious medical condition or must care for a parent or a child that has such a condition, are protected under what the law states. The protection under the law applies if one has worked for more than 1250 hours throughout the previous year or the organization has more than 50 workers within a seventy-five-mile radius or if they have worked for the company for more than a year. National and state laws are passed so as to protect workers against wrongful termination. Normally, these laws prohibit termination based on race, age, gender, nationality, religion and disability.A Simple Plan: Laws