Law

Wrongful Termination Law in California: To Assert an Individual’s Right

Termination Law in California

Only a job of losing a person can realize how painful it is to lose a job. People spend all their earnings from their job, taking care of their family, and paying bills. So losing a job puts them in a precarious future, which can be a daunting task and also leading to a stressful situation. However, the good news for you is that California has strict laws aimed at ensuring your job right and security. It is sometimes seen that the reason for dismissal is to protect against sexual harassment. Still, you can be sure that you can claim your rights through a California sexual harassment lawyer in such a situation. This article, we will discuss the role of wrongful termination law in asserting your right in the job field. 

Your right in the job file:

In many cases, employers violate the right of an employee, which is unfortunate for employees and often occurs wrongful termination. However, the better news for you is that under California’s strict employment laws, employers cannot dismiss employees for any wrong reason. In order to protect your rights, the following are some examples of specific illegal terminations, for which the employer cannot fire an employee. 

  • If the employer violates the verbal or written agreement, he/she cannot dismiss the employee in any way.
  • The employee can never dismiss an employee based on their religion, caste, ethnicity, gender, medical condition, pregnancy, sexual orientation, marital status, seniority or military status, and genetic information. 
  • Employers can never dismiss employees for reasons such as mental health or medical treatment, pregnancy, injury, or accidental reasons for refraining from work in an emergency. 
  • If an employee complains about his or her organization’s unsafe workplace or illegal activities, the employer will never dismiss him. 
  • An employer can never dismiss an employer for claiming overtime pay, meals and rest breaks, and fair pay. 
  • Cannot dismiss an employee for engaging in political activities and for filling a lawsuit against the employer. 
  • The employer cannot dismiss the worker for presenting a claim for compensation to employees and on the false allegation of sexual harassment. 

Compensation for wrongful termination:

If an employee is terminated wrongfully by the employer, he or she is entitled to a variety of benefits under California law. The following is the compensation that an employee will be able to get. 

  • An employee will get back their lost wages and earning.
  • The organization can guarantee employees bonuses and pensions. 
  • After the illegal break-up, employees can get back the reduced salary.
  • And can get back the salary lost due to loss of promotion.
  • Fines or punitive damages for pain or emotional distress can be guaranteed through law.
  • But in many cases workers can get back their lost jobs.

What to do in cases of wrongful termination of employment?

If an employee believes he/she has been wrongly fired, he/ she must take action. The following are some guidelines that victims need to take.

  • The employee must record everything, such as a copy of the employment contract, any termination documents, a copy of the contact with the employer, and screenshots of messages.
  • A person who is fried for wrongful termination can never take revenge and get angry against the company because it will only make things worse.
  • And employees should contact an experienced employment specialist lawyer, and also take appropriate action in consultation with the lawyer as soon as possible.

Cooperation in the realization of the right:

If an employee firmly believes that he/she has been wrongfully terminated, he/she receive significant assistance from a legal entity asserting their rights. The wrongful termination law only helps the employee to protect their liberty and play an important role in compensating for the loss of right. Through this, victims can succeed in asserting their rights on an urgent basis. 

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