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Posted 08/19/2022 by Sirmabekian Law Firm

5 Types Of Wrongful Termination In California

5 Types Of Wrongful Termination In California

When your employer fires you for an illegal reason, this is considered wrongful termination. If this occurs, you may be able to sue your employer for compensation. In some situations, your employer will face hefty additional penalties and fees. If you face any type of wrongful termination in the list below, an experienced attorney can guide you in the right direction.

Your Employer Cannot Fire You for Making Complaints about Sexual Harassment

Sexual harassment in the workplace is illegal. It is regarded as a type of prohibited discrimination. It is illegal if your employer fires you for making a complaint of sexual harassment that’s directed at you or your co-worker, or for acting as a witness in a sexual harassment investigation.

Your Employer Cannot Fire You for Complaining about Violations of California Wage and Hour Laws

It is illegal for employers in California to terminate your employment for:

  • Making complaints or reporting about unpaid wages, overtime pay, rest break violations, and unpaid meals
  • Making a claim for unpaid wages with the Department of Industrial Relations or exercising any rights protected under the California Labor Code

You Cannot Be Terminated for Being a Whistleblower

Your employer does not have the right to terminate you for whistleblowing – reporting your employer for violating any laws, rules, or regulations. It’s also illegal for an employer to fire you for making a report about dangerous working conditions.

You Cannot Be Fired for Taking Family or Medical Leave

Your employer cannot dismiss you for taking or making an inquiry about family or medical leave. You have the right to use sick leave to treat a health condition or to look after your family members. According to the California Labor Code, if you request for paid sick leave and are dismissed within 30 days of making the request, this is considered wrongful termination. Your employer has to prove that there is another valid reason for terminating your employment.

Additionally, you cannot be terminated for using family or medical leave. If you work for an employer that is covered by the California Family Rights Act or Federal Medical Leave Act (FMLA), you can take up to 12 weeks of leave for medical conditions affecting you or your family. In the event that you are fired while you were on FMLA leave or within 90 days of returning to work, this can be treated as wrongful termination. Your employer must prove that they did not terminate your employment due to this reason.

Your Employer Cannot Fire You Based on Discrimination

It is against the law to terminate an employee based on discrimination against characteristics that include race, age, gender, religion, marital status, citizenship status, and medical condition. If your employer terminates you using one of these reasons, it is considered wrongful termination.

Who Can You Contact to Discuss Your Wrongful Termination Claim?

Wrongful termination cases can be complicated. However, our experienced employment law attorney from Sirmabekian Law Firm can help you navigate the situation. We will make certain your case is investigated thoroughly and pursue a favorable outcome for you. Contact us to schedule a free initial consultation.

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