Wrongful Termination in California
Learn Everything About Wrongful Termination
You may be wondering, “What is a wrongful termination, and did I get wrongfully fired from my job?” Like many states, California is an “at-will” state, which means you can be fired at any time without necessarily being given a reason; however wrongful termination in California can happen under a number of circumstances, some of which you may not be aware. Wrongful dismissal occurs when a written contractual agreement related to your employment is deliberately broken by your employer. You may also have been wrongfully terminated if you and your employer had a verbal or implied contract, which also makes an exception to the at-will rule. You may have a legitimate wrongful dismissal case if your employer has acted unfairly, been discriminatory against you because of your sex, religion, age, race or disability, or violated public policy by firing you. Other examples of wrongful termination in California include whistle-blowing violations, defamation, fraud and retaliation.
If you feel you have been wrongfully fired from jobs, then you may want to file a wrongful termination discrimination charge. If you do file a charge, then you may be asked to attend mediation to settle the dispute. If this method does not resolve the issue, then the charge will be handed over to an independent investigator. If the investigation fails to find a breach of the law, you have the right to file a suit in a court of law. If a violation of the law is then found, then a settlement will be made in your benefit by your former employer.
Continue reading the topics below to find out more information about wrongful termination in California, at-will employment and exceptions, what to do if wrongfully terminated from jobs and how to file a wrongful termination discrimination charge in California. You can also get information about how the EEOC can help you with charges of discrimination.
Legal and Illegal Terminations in California
There are many types of legal termination in California since it is an at-will state. CA employers do not necessarily need specific legal reasons to fire an employee, as they can terminate a worker’s employment at any time for almost any reason, including not providing a reason at all. However, there are still illegal reasons to fire an employee that are considered discriminatory or reactive. The reason for termination can influence whether an applicant is eligible for unemployment benefits. All employers in California are free to adopt at-will employment policies, but are not required. READ MORE
Will Employment and Exceptions in California
You may be wondering, “What is employment at will in California?” Employment at-will means that an employer can terminate your job at any time, without giving you a warning, a reason or an explanation. On the other hand, employment at-will also means that as an employee, you are free to quit your job without notice or reason. If your job is terminated, or if you left voluntarily, then you may be denied any claim for unemployment insurance (UI) benefits. If you are wondering, “Is California an at will state?” the answer is yes. However, there are three at-will employment exceptions in California,which prevent employers from terminating employment without good reason. READ MORE
How to File a Wrongful Termination Discrimination Charge in California
You may wish to file a wrongful termination discrimination charge in California if you have been discriminated against at work because of your sex, race, gender identity or religion, among other reasons. When filing a charge of discrimination in California,you must first file it with the U.S. Equal Employment Opportunity Commission (EEOC) before you can file a job discrimination lawsuit against your employer. The exception to this rule is if you are suing under the Equal Pay Act, in which case you can go directly to court without filing a charge. If you wish to protect your identity when filing a wrongful termination discrimination charge, then you may have another person or agency file a charge on your behalf. READ MORE
What Kind of Employment Development Services Are Available in California?
If you are currently unemployed and need help finding a job, the state of California offers unemployment benefits to eligible applicants, in order to help them get by while pursuing work. In addition to financial assistance, the Employment Development Division of California also offers training benefits, which allow unemployed individuals to learn new skills and get a higher education so that they can earn a better living. Find out more about these employment services by downloading our guide.
What Education Assistance Is Available in California?
Just as unemployed individuals can benefit from services offered by the state, so too can college students. California students can qualify for financial aid from the government, such as loans and grants, which can help them cover the costs of higher education. Find out how you can get financial assistance for your schooling by downloading our guide.