Majority of the world’s population is considered to be in the workforce industry, or simply called employees. Employees have rights governed by the law that employers must follow, and there are times that these are disregarded and could result in wrongful termination.
Also called illegal dismissal, wrongful termination arises when a company terminates an employee without valid cause. A large percentage of employment in California is an “at-will” arrangement, meaning both employee and employer can terminate the employment at any time and for any reason, but you can still be a victim of wrongful termination. This arrangement does not give your employer the right to disregard your basic human rights to commit unfair treatment in the workplace.
Proof of Wrongful Termination
If your termination is not due to your poor performance or delinquent behavior, then you may have a wrongful termination claim. To check if your termination is legal, consider the following:
You may have been discriminated against if you were treated unreasonably in the workplace because of the following:
- Gender: this includes but is not limited to your sexual preference, gender, gender identity, or sexual orientation. An example of gender discrimination would be getting paid less than the opposite gender who works for the same job, being a victim of unwanted sexual advances or requests for sexual favors, and so on.
- Age: according to ADEA (Age Discrimination in Employment) applicants and employees with age 40 and over are protected from age-based discrimination from employment except for elected officials, independent contractors, or military personnel. Under ADEA, employers can’t mention an age of preference for a position in job ads and recruiting materials, set an age limit for training programs, force you to retire at a certain age, retaliate against you if you file for age discrimination, and so on.
- Disability: under ADA (Americans with Disabilities Act) applicants or employees who have physical and/or mental impairment is protected by law against any kind of discrimination based on the employer’s incorrect perception of the disability that you have. An example would be if you were fired soon after you revealed your disability, requested a reasonable accommodation to suit your need/s, your manager or employer said insults about your disability and assumed that you are incompetent to perform your duties, you were singled out from other employees without disabilities, you were fired or forced to quit because your employer refused to give you time off from work for your disability, and so on.
- Religion: under Title VII of the Civil Rights Act and FEHA, religion is a protected category. Religious discrimination is when employers treat their employees differently due to their religion, their religious beliefs and practices, and even the employer’s lack of religious beliefs and practices making them bias and incapable to accommodate religious practices.
- Pregnancy: is a form of illegal sex discrimination. This happens when an employer treats an applicant or employee differently based on her pregnancy conditions, childbirth, and related conditions. An example would be if the employer refused to hire an applicant because she’s pregnant, getting fired right after finding out about the pregnancy, and so on.
- Nationality: Title VII of the Civil Rights Act of 1964, prohibits discrimination based upon the applicant or employee’s race, ancestry, birthplace, culture, accent, and the like. It also applies to the person who is married to a person who belongs to an ethnic group, or with a surname associated with a national origin.
- Worker’s Compensation: this entails the employee filing for a worker’s compensation claim and were later fired. An example would be an employee that got injured during office hours and in the office premises due to the negligence of the employer to have it maintained, thus giving the employee the reason to file a claim for worker’s compensation. Subsequently, the employer fired the employee due to the filed claim.
- Forced Resignation
An employee not terminated but subjected by the employer to an intolerable working environment that leaves the employee no choice but to resign leads to an unlawfully forced resignation or constructive dismissal that can be regarded as wrongful termination.
Contact a Wrongful Termination Attorney
If you have been wrongfully terminated at work, whether directly or indirectly, you should be well informed of the rights you have to claim damages and other losses from your employer. The best action would be to immediately consult a wrongful termination attorney who has the experience and skills to legally represent you and obtain the maximum compensation you deserve. Mesriani Law Group has decades of experience in defending the rights of California employees against wrongful termination. Call us today to get a free consultation.