How to Know if You’ve Been Wrongfully Terminated
Most employment contracts in California are based on the concept of at-will employment, meaning that either the employee or the employer can decide to end the business relationship whenever they want to. An employer does not need to show just cause for firing or demoting an employee, nor does an employee need a good reason to quit. However, there are exceptions to this, when termination is motivated by one of these factors:
- Discrimination — due to the age, gender, nationality, race, sexual orientation, religion or political orientation of the employee.
- Retaliation — against participation in union activity, protesting company policy or unsafe work conditions, whistle blowing of any nature, or refusal to perform an illegal act. Can also include taking maternity/paternity leave, medical leave, voting or jury duty.
An employer can reduce the chances of wrongful termination liability actions by using employment at will language in all business communications, and avoid suggesting in any way, either verbal or written that job security is assured.
Employees can better understand his or her employment conditions by clarifying your status as at will or protected, by reviewing their job performance evaluations, and by reading the language of inter-office communications.
According to the Fair Employment and Housing Act an employee can sue an employer for wrongful termination. Whether you are an employee who may have been wrongfully terminated or an employer facing a wrongful termination liability action, consult an attorney. As in other types of liability suits, an employee who has been wrongfully terminated may be awarded damages to compensate for lost wages and benefits. To learn more, Call Los Angeles County Super Lawyers The Ruttenberg Law Firm, P.C. by calling 310.207.4022 or contact us online for a free consultation.