If you are a California worker and you are terminated from your job, you should know a few things about wrongful termination and California labor law.
California Labor Law Protects Workers Who Are Wrongfully Terminated:
Wrongful termination occurs when an employer fires an employee for an illegal reason. If you are wrongfully terminated, you can sue your employer to recover damages. Sometimes, a California employer will have to pay significant extra penalties and costs for wrongfully terminating an employee in violation of labor law.
Common Grounds for a California Wrongful Termination Lawsuit:
1. Discrimination: The laws enforced by EEOC protect you from employment discrimination when it involves: unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40+), or genetic information.
2. Whistleblower Activities: Whistleblowing refers to an employee reporting illegal or unsafe conduct at work to the appropriate authorities. For instance, a whistleblower could report that their employer is violating anti-discrimination laws, engaging in fraudulent behavior, or violating safety regulations in the workplace.
3. Implied Contract Violations (by employer): An implied contract is implied from the actions and statements of the employer and employee in the course of employment - rather than an outright verbal agreement or signed written contract.
4. Taking Medical Leave: The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
5. Making Wage & Hour Claims: Wage and Hour Law governs the payment of wages (including the payment of overtime, on-call time, rest periods, minimum wages, or the classification of employees to determine employees' eligibility for compensation or other benefits).
6. Filing a Workers' Compensation Claim/Reporting a Work Injury: The law requires your employer to pay for workers' compensation benefits if you have a work-related injury or illness.
Damages Recovered from California Wrongful Termination Lawsuits:
In California wrongful termination lawsuits, "damages" refers to what the wronged employee may recover. The specific damages vary depending on the case. Some common "damages" recovered in wrongful termination cases include lost wages, lost benefits, back pay/wages, compensation awarded for emotional distress or pain and suffering resulting from the termination, attorney's fees, or punitive damages (intended as punishment for employers who willfully violate the law).
If you are a California employee and have been wrongfully terminated, contact Moss Bollinger, Sherman Oaks, California employment law attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation or contact us online.