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.
May 15, 2019
Been Fired? Was It Wrongful Termination Under the Law?
Losing a job can devastate an individual and/or an entire family. Some California residents may have known that the termination was coming because they just could not catch on the work, meet deadlines or otherwise meet the expectations of the job. In other cases, it seems to come out of nowhere, and the individual who lost the job may wonder whether it was wrongful termination.
If an employer violated federal or California law when letting someone go, legal options may be available to that individual. Discrimination is one of the laws that some employers violate when it comes to terminating someone. It is not enough for the employee to claim discrimination; rather, appropriate evidence must be documented, which can encompass a wide array of situations, comments, acts and more.
If an individual claims that retaliation led to his or her firing, it could constitute a violation of the law by the employer. Again, evidence proving this is the situation must be present. Perhaps the situation started out as harassment or discrimination and the employee filed a complaint. Then, the employer terminated him or her because of it. That would constitute an illegal act, but the courts require more than the employee’s perception of the situation.
Building a case for wrongful termination is not always an easy task. California residents who believe this is what happened in their cases need to understand their rights, know what circumstances support their position and learn what steps to take next. Many people in this position choose to discuss the matter with an attorney in order to know which way to turn.
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).