What Qualifies As Wrongful Termination In California?
Answer
If you have been fired and suspect it was wrongful, you are not alone. Many Californians face this challenge. However, simply being fired for an unjust reason does not mean you were wrongfully terminated. In order for a firing to be unlawful, it must have been 1) as a result of your membership in a protected class; or 2) in retaliation for exercising your legal rights in certain ways.
If you believe there is evidence showing your termination was wrongful, you may have a legal claim against your former employer. Depending on the circumstances, you might receive monetary damages or even have your job reinstated.
Are You In A Protected Class?
In California, specific groups are protected under the law. You may have been wrongfully terminated if you belong to one of these groups and have evidence to support that your termination was related to your membership in a protected class. Protected classes include:
- Race, color, national origin or ancestry
- Religion (includes religious dress and grooming practices)
- Sex/gender (including pregnancy, childbirth, breastfeeding and related medical conditions)
- Gender identity and gender expression
- Sexual orientation
- Marital status
- Medical condition or genetic information (genetic characteristics, cancer or a history of cancer)
- Military or veteran status
- Disability (mental or physical, including HIV/AIDS, cancer and genetic characteristics)
- Age (over 40)
If you were terminated based on any of these factors, you might have a wrongful termination case.
Were You Retaliated Against For Protected Activities?
California law also protects employees who engage in specific activities. If you were fired for participating in certain activities, such as those described below, it could be wrongful termination:
- Filing a claim or complaint with the labor commissioner
- Testifying in any proceeding related to labor laws
- Making a workers’ compensation claim
- Seeking family or medical leave or an accommodation for pregnancy
- Taking time off to serve on a jury with reasonable notice
- Blowing the whistle on illegal activity by your employer
- Requesting reasonable accommodations for a disability
If you were terminated after engaging in any of these activities, you could have a valid claim.
Evidence Is Key
If you believe you were fired illegally, finding evidence is crucial. You must prove that your termination was due to your protected status or activity. This evidence could include:
- Emails or messages from your employer
- Witness statements
- Any documentation showing a pattern of discrimination or retaliation
Gathering and presenting this evidence can strengthen your case.
Get A Legal Consultation
The complexities of making a wrongful termination claim can be challenging. Consulting with a qualified attorney can help you understand if you have a valid claim and empower you to gather the necessary evidence to prove it. It is best to consult with a lawyer as soon as possible.
The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.
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