PROTECTING YOU FROM WRONGFUL TERMINATION
If you have been fired from your job, you probably have many questions running through your mind, one of which is “was it legal for my employer to fire me?” Most employees in California are employed at-will meaning they can be fired for no reason at all. However, there are many exceptions to this rule, and experienced wrongful termination attorneys are aware of all the laws that exist that can make a termination “wrongful” or illegal.
With several decades of experience, Hardin Law Group is one of Southern California’s leading employee rights law firms.
21 REASONS YOU CAN'T BE FIRED
Regardless of at-will employment, the following are reasons why you cannot be fired in California:
- Physical or mental disability
- Taking a medical leave
- Taking a pregnancy or maternity leave
- Filing a workplace injury claim
- Your race or national origin
- Your gender or sexual orientation
- Your age
- Complaining about unsafe or unhealthy working conditions
- Complaining about illegal workplace activity
- Missing work because of jury duty or to be a witness in a legal proceeding
- Refusing to take a polygraph test
- Complaining about not receiving overtime pay
- Engaging in lawful political activities
- Discussing your earnings or salary with other employees
- Disclosing negative information about the employer’s working conditions
- Joining a union or engaging in lawful, off-duty activities
- Reporting workplace sexual harassment
- Reporting workplace discrimination
- Refusing to engage in illegal conduct
- Testifying against the company before the Labor Board or Department of Fair Employment and Housing
- Caring for a family member suffering from a serious health condition
RETALIATION AND WRONGFUL TERMINATION
Discrimination claims often go hand-in-hand with retaliation claims. If you complain about discrimination or act as a “whistleblower” to your California employer, the employer may fire you in an illegal effort to “get rid of the problem”
In order to prove you were fired due to unlawful retaliation, you must prove:
- You were doing something protected, such as reporting illegal behavior, or reporting harassment or discrimination;
- This complaint or series of complaints caused your employer to act — this often means the employer threatened or punished you for complaining; and
- There was an adverse result, i.e. because you complained, you were taken off the work schedule, denied a promotion, or fired.
We Are Experienced Los Angeles Wrongful Discharge Attorneys
A wrongfully terminated employee in California is entitled to recover past and future lost wages and benefits, as well as emotional distress damages. Attorney’s fees and costs are also recoverable. Additionally, punitive damages are available when the employer’s conduct was particularly reprehensible, malicious or done in willful disregard of an employee’s legal rights.
Our employment law attorneys will protect your rights and help you fight back against wrongful termination. Contact us today for a free, confidential consultation.
Protect Your Rights. Contact Us.
Orange County Office
23 Corporate Plaza Drive, Suite 150
Newport Beach, CA 92660
Los Angeles Office
1638 South Pacific Coast Highway
Redondo Beach, CA 90277
San Francisco Office
One Sansome Street, Suite 3500
San Francisco, CA 94104
No Recovery, No Fee. Call today for a free case evaluation.
This website and corresponding blog may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Any results portrayed on this website are dependent on the facts of the particular matters and results will differ if based on different facts. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. No representation is made in this website that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.