What is considered Wrongful Termination in California

What is considered Wrongful Termination in California?

Illegal termination in California refers to the unlawful dismissal of an employee.

Often involving discriminatory practices based on factors such as age, disability, or pregnancy.

If you believe you’ve experienced wrongful termination in California, you may have the opportunity to pursue legal recourse against your former employer.

Illegal termination in California happens when an employer fires an employee for reasons of breaking the law.

Thus raising the question of what defines unlawful termination.

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What is considered Wrongful Termination in California
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What Constitutes Wrongful Termination in California?

U.S. employees have federal protections against harassment and discrimination.

All employers must follow laws, and states have specific regulations.

Understanding termination legality in California is challenging.

“Wrongful termination” is when an employer unlawfully fires an employee.

Not all firings are wrongful; it must violate the law for legal action.

When is Firing Illegal in California?

  1. Breach of Contract: If an employment contract specifies “good cause” for termination, firing for reasons outside this definition can lead to a breach of contract claim.
  2. Breach of Covenant of Good Faith and Fair Dealing: Employers must cooperate with employees in fulfilling contract obligations. Interference or obstruction may constitute a breach.
  3. Retaliation for Complaints of Sexual Harassment: Reporting workplace sexual harassment is a protected right. Firing someone for making such complaints is illegal.
  4. Retaliation for Taking Family or Medical Leave: Wrongful termination includes firing for taking family or medical leave, protected by law.
  5. Whistleblower Retaliation: Firing for reporting violations of laws, rules, or regulations is prohibited.
  6. Retaliation for Complaining About Wage Law Violations: Employees are protected from retaliation for filing complaints about wage and hour law violations.
  7. Pregnancy Discrimination: Termination based on pregnancy status or related accommodation requests is unlawful.
  8. Discrimination Against a Protected Class: Wrongful termination occurs when an employer fires based on characteristics like race, age, or disability.
  9. Violation of Public Policy: Firing for exercising legal rights or duties can be grounds for a wrongful termination suit.
  10. Other Forms of Retaliation and Discrimination: Various circumstances, such as seeking lactation accommodations or serving as a volunteer firefighter, may lead to unlawful termination under California labor law.

What to Do if Wrongfully Fired in California

  1. Legal Recourse: If terminated illegally, you can take legal action against your former employer.
  2. Financial Recovery: A successful lawsuit may result in damages, compensation for lost wages, benefits, or emotional distress.
  3. Punitive Damages: Courts might impose additional punitive damages on the company for egregious violations.
  4. Consult an Attorney: If you suspect illegal termination, consult an employment lawyer for case assessment and advocacy.
  5. Ottinger Employment Lawyers: With over two decades of experience, we help workers secure the recovery they deserve. Contact us online or call (866) 455-1662 for a consultation.

Conclusion on What is considered Wrongful Termination in California

wrongful termination in California encompasses various situations where an employer unlawfully dismisses an employee.

From breaches of employment contracts to discrimination based on protected characteristics.

Such as race or pregnancy, the state’s laws provide significant protection for workers.

Employees wrongfully terminated may seek legal recourse, potentially leading to financial recovery through compensatory and, in some cases, punitive damages.

An experienced employment lawyer helps navigate California’s laws, ensuring justice for those unfairly terminated.

ALSO READ: What happens if you win a Wrongful Termination Suit?

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