Termination can be hard on both the employee and the employer. With California being an at-will employment state, employees need to be more vigilant about their employment rights. A wrongful termination occurs when a worker is fired for discriminatory reasons or violates an employment contract. California has employment laws to protect individuals from wrongful termination.
5 Reasons You Cannot be Fired in California
Often, employees are not aware that they are wrongfully terminated. Below are the possible reasons for which you cannot be terminated. If you feel you were wrongfully terminated or fired, Blackstone Law is standing by to help.
For Being a Protected Class Member
Under the U.S. federal law, protected class is a group of people who are lawfully protected against employment discrimination based on specific characteristics, such as:
- Age (Above 40)
- National Origin
- Sexual orientation
- Physical disability
- Mental disability
- Religion or religious beliefs
- Marital status
- Veteran status
You cannot be fired for belonging to any of the above specified categories. If you feel that you have been wrongfully fired, you can always seek legal help.
Your Political Affiliations
Although the First Amendment to the U.S. Constitution provides freedom of expression and beliefs, this right does not necessarily apply to private employers. However, California labor laws can protect employees from being fired for their political affiliations. Seek legal guidance to learn more about whether or not your rights have been infringed on.
For Being a Whistleblower
An employee can always alert the company in case of any fraud or wrongdoing within. With this in mind, it is illegal for employers to terminate an employee for reporting harassment issues, workplace safety concerns, and so on. It’s not uncommon, especially if the whistleblowing is against a higher ranked official, for the employee to be penalized through termination. If you are fired for such a reason, it might be a wrongful termination.
Exercising Your Rights
Employers cannot force their employees to break the law, and they cannot penalize them for exercising their rights and privileges at the workplace. For instance, if you refuse to indulge in any unethical or unlawful activities within an organization, it is your privilege to do so. When employers terminate contracts for this reason, it becomes a wrongful termination in violation of public policy. Seeking legal help is the most viable option if this is the case.
Taking Time Off
Most companies have clearly-defined sick and vacation leave, which can be a part of your employment contract. If your employer denies leave that you are otherwise eligible for and proceeds with termination, it is deemed wrongful.
In California, workers are qualified to take leave under severe medical conditions under the California Family Rights Act (CFRA) and cannot be fired for this reason. However, when the employee’s position is eliminated while on medical leave, the employer is legally allowed to terminate you. Because of the complexity of these types of cases, legal guidance is crucial to guide you through the process.
Reach Out to Blackstone Law for Help with Wrongful Terminations
Employment discrimination can happen to anybody and in any workplace. Fortunately, help is right around the corner at Blackstone Law. If you believe you’ve been wrongfully terminated, it can be overwhelming and tedious to fight against organizations single-handedly. To have a fair verdict, you need a law firm you can trust, and Blackstone Law is among the best in the industry.
For your free consultation, call (310) 956-4054 or complete our online contact form today.