Getting fired from a job is a painful and stressful experience. That is even more true if you feel that the termination was not justified. Fortunately, California law defines specific reasons that cannot be used for termination. If your employer fires you for one of these reasons, you may be able to pursue compensation from them in court. You can also pursue litigation if specific terms of an employment contract were not met or if they did not follow proper procedures during the termination process.
One of the most common wrongful termination issues is discrimination. In California, it is illegal for an employer to terminate an employee because of the employee’s race, gender, disability, sexual orientation or even their age. An employee’s age can be a big issue if the employee is over the age of 40 because it might be argued that the employee was fired for being older than others at the company.
In addition, there are a number of activities for which an employee cannot be fired. For example, you cannot be fired for speaking out about the employer’s work conditions, for complaining about not receiving overtime pay or for joining a union. You also cannot be terminated for participating in lawful, off-duty activities even if the employer disagrees with the nature of those activities. Political activity can often all under this umbrella.
If you believe that you have been terminated for behavior that is protected by law, it might be beneficial to consult a lawyer. At Carlin and Buschbaum, LLP, our firm works to help employees protect their rights. Visit our wrongful termination page on our website for more information on how we help unfairly terminated workers.