Law Office of Jeffrey D. Fulton
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Are there laws against wrongful termination?

You may think that wrongful termination only covers situations such as whistleblowing. However, this term covers many situations you might encounter, and it is helpful to understand what circumstances are considered wrongful termination according to California law.

Many of the situations in which you might be wrongfully terminated involve your civic duties. The State of California says that you cannot be fired if you receive a subpoena and must go to court or if you serve as a juror. Additionally, if you volunteer as part of an emergency rescue team or as a firefighter, you can legally be away from your job for two weeks to receive training. You usually must tell your employer ahead of time that you will be away, particularly if your service is needed.

You also cannot be fired for a change in your family situation. If you become responsible for your nieces and nephews and need to be away from work so you can deal with a school emergency, your employer is required to give you this time off. Additionally, if you are a new parent, you cannot lose your job after asking for accommodation for lactation. You may also utilize your accrued sick leave without experiencing consequences.

California law also governs the situations in which your employer cannot retaliate against you. If you need to be away from work because of domestic violence in your home, your boss cannot change your job responsibilities or salary. Additionally, if you change your name after you are married, your employer cannot take retaliatory actions against you. The law also prohibits retaliation if you donate an organ and use your paid sick days to recover. 

 

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