The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Jan. 8, 2020
A Wrongful Termination Must Meet Legal Standards to File a Claim
Losing a job is often a devastating blow to a California resident, especially when it appears not to be for any particular reason. Under these circumstances, an individual may believe that he or she was the victim of a wrongful termination, but that may not necessarily be the case. A claim based on being wrongfully fired from a job must meet certain legal requirements in order to move forward.
Like many other states, California is an “employment at will” state, which means that either the employee or the employer can terminate the working relationship without cause, except under certain circumstances, such as when an employment contract exists. The fact that a termination was unfair does not necessarily make it illegal, which is a requirement for a wrongful termination claim. Unless a legal reason exists, an employer may terminate a worker at any time.
However, employers cannot terminate an employee based on discrimination or in retaliation for reporting discrimination. Even so, some discrimination, such as age discrimination, does require the individual to meet certain qualifications before having the right to sue. A person also cannot be fired for reporting a company’s alleged illegal activity. Even if an employee quits due to an intolerably hostile work environment, he or she may still retain the right to file a claim against the company.
As is the case with any other area of law, numerous exceptions and requirements exist in employment law. Few cases are as cut and dry as the fired employee may believe. Anyone unsure or confused about whether they have a legal reason for filing a wrongful termination claim would more than likely benefit from discussing the matter with an employment law attorney.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).