California is an at-will employment state, which means an employer may fire an employee at any time for any reason. There are exceptions to this rule, though. If you have been fired or demoted, or have been forced to quit, your job for one of the protected reasons under California law, you can take your employer to court. When such workplace disputes arise, returning you to a hostile working environment is never the best course of action. Instead, you can seek compensation to make up for the monetary losses that stem from your wrongful termination.
What Constitutes Wrongful Termination in California?
At-will employment may make it seem as if you have no recourse up termination, but that’s not true. Most employment is actually contractual. If you signed any papers when you started working for your company, chances are those papers have a section in them regarding termination. Most companies require bosses to have some reason for firing an employee, and, if your contract says they need a reason, they need a reason.
Union agreements also offer protection when it comes to the illegal termination of employees. If the union has an agreement with your company, it likely states that the employer must have due cause to fire you.
You cannot be terminated for any reason that falls under California’s anti-discrimination act, which includes race, religion, physical or mental disability, medial conditions, sex, age, marital status, or sexual orientation. You cannot be fired for turning your company in for illegal conduct, for taking medical leave, claiming workers’ comp, or for being part of a union.
Wrongful Termination Attorney in the Bay Area
If you have been fired, demoted, or forced out of a company due to any protected reason under state or federal law, or believe you have and have some proof to back that belief, you do not have to accept your employer’s final ruling on the matter without some form of restitution. Based out of Oakland, Alexander van Broek represents those who have been wrongfully terminated throughout the Bay Area, including Alameda County, Contra Costa County, and the San Francisco metro area. It is his goal to help you get damages for immediate and future lost wages, and compensation for the emotional distress of being put out of work.