There are certain reasons your employer cannot use to terminate your employment. And if your boss has an illegal motive for firing you, it might be time to file a wrongful termination claim against them. At the Law Offices of John Dalton, our knowledgeable legal team can identify your rights in a wrongful termination claim and show you how to file a wrongful termination claim in California.
What Qualifies As Wrongful Termination?
You have several statutory rights against a discriminatory or unjust firing.
Termination in Violation of a State or Federal Anti-Discrimination Law
California’s Fair Employment and Housing Act (FEHA) and Title VII of the Federal Civil Rights Act of 1964 (Title VII) outlaw job discrimination. An employer engages in illegal job discrimination whenever it makes an adverse employment decision against an employee based on one of the following characteristics:
- Religion,
- Color,
- Age (40 or older),
- Disability,
- Marital status,
- Race,
- Medical condition,
- Genetics,
- Military status,
- Sex,
- National origin,
- Veteran status, or
- Gender.
If your boss fires you for one of the above-listed reasons, you likely have the right to file a wrongful termination claim. You should immediately give us a call so we can help you recoup all damages you deserve for the mistreatment you have endured.
Termination Against Public Policy
An employer is also liable for wrongful termination if it terminates its employee for exercising their rights or taking actions to protect others. You could be a victim of wrongful termination if your boss fires you for any of the following reasons:
- Properly reporting your employer’s illegal activities,
- Making a complaint about job discrimination,
- Making a claim for workers’ compensation,
- Reporting for jury duty,
- Helping a coworker with a workplace discrimination complaint,
- Making a claim for unpaid wages,
- Refusing to engage in illegal activity,
- Complaining about a workplace safety violation,
- Exercising your right to take family or medical leave under state or federal law, or
- Reporting for military duty.
If you are thinking about complaining about a safety violation, taking family or medical leave, or complaining about illegal activity at work, you should call us first. Many whistleblower and leave laws require employees to follow specific procedures before they can enjoy protections against wrongful termination.
Termination in Violation of an Employment Contract
Most employees in California are at-will employees, which means that their employer can fire them for any reason that is not illegal. But employees who enter employment contracts have increased protections against job termination. If you have an employment contract, your boss likely cannot fire you unless they have good cause. If you had an employment contract with an employer that fired you, have an attorney check the terms of that agreement to see if your termination violated any of the agreement’s terms. Employment contracts can be written, oral, or implied, and a skilled lawyer can help you figure out whether you have contract rights against a frivolous firing.
Filing a Wrongful Termination Lawsuit in CA
If you believe you are the victim of a wrongful termination, it is important you call us or contact us online. Once it is determined that you are the victim of a wrongful termination and evidence has been collected to prove it, it is time to file a claim. Some government agencies wherein legal action is initiated are:
- The California Civil Rights Department (CRD) handles discrimination complaints against violations of FEHA;
- The Department of Labor handles many complaints against retaliation in violation of federal law;
- The U.S. Equal Employment Opportunity Commission (EEOC) handles discrimination charges against violations of Title VII; and
- The California Department of Industrial Relations handles many complaints against retaliation in violation of state law.
Prior to contacting any of these government agencies, it is important you contact us because each of these agencies has its own paperwork to fill out to begin your claim.
While government agents can help investigate and resolve your claim, our help is crucial to making sure all of your interests are properly protected and addressed.
Why You Should Speak to John Dalton’s Law Offices First
A wrongful termination can be devastating. And the best way to hold your employer accountable for an illegal firing is to seek representation from the Law Office of John Dalton. John Dalton has some of the highest employment law awards in the state and nation, and he has been passionately serving mistreated employees in California for decades. If you need a champion against an unethical employer, reach out to the Law Offices of John Dalton today. You can contact us online or call us at 858-720-8422 to schedule a consultation.