Law Office of Jeffrey D. Fulton
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Wrongful Termination Archives

Discrepancy in law leads to wrongful termination

The Family Medical Leave Act is designed to allow employees extended periods of leave while they take care of ailing family, give birth or face a myriad of other family and health situations. The act allows workers to return to their positions after an extended leave and protects them from losing their jobs. Employers are required by law to keep the job for them under FMLA and cannot terminate employees or give their job away while they are gone.

Your rights to leave under FMLA

No one ever plans for health or family issues to arise, yet they do, and oftentimes they will require your full and undivided attention. That may leave little for you to expend in fulfilling the duties of your employment. The hope is that when such issues do present themselves, your employer will be understanding and not only afford you the time off needed to attend to them, but also welcome you back when said issues have been dealt with. Many come to us here at The Law Office of Jeffrey D. Fulton concerned that such understanding will not be extended to them. If you share the same worry, you will be happy to learn that your employer does not have the choice: it is required by federal law. 

Reasons that may or may not support termination

In California, it is common for employment of a person by a company to be considered at-will. This generally means that an employee is not required to remain working for the company if the employee wishes to leave. On the other side of the coin, the company may be allowed to terminate the person's employment for any reason at any time. This, however, does not mean that all terminations are lawful.

Founder and CEO sues company after being fired

People who work in California and hear about others being fired from their jobs may sometimes think that this is a problem that employees in leadership positions within a company may not have to grapple with. In reality, anyone in any position may find themselves out of a job for reasons they do not always agree with. An example of this can be seen in a lawsuit that was recently filed in the Bay Area. 

What your personnel file can tell you about your firing

Being fired from your job can be an especially distressing experience when you have no idea why you were terminated. You might be sure that you have performed up to the standards of company conduct and performance. So if you feel left in the dark over your firing, California law allows you to ask your employer to provide your personnel file to look at, in addition to any records relating to your firing. By checking your personnel file, you may find the rationale behind your termination and even discover if the termination was unjust.

Exceptions to California’s employment-at-will doctrine

The vast majority of people who live and work in California receive classifications as “at-will” employees, meaning they can leave a position, or conversely, have their employers fire them from a position, at virtually any time, and for virtually any reason. At the Law Office of Jeffrey D. Fulton, we recognize that there are a number of exceptions that exist to the state’s at-will employment doctrine, and if your situation meets the terms of any of these exemptions and your employer terminates you anyway, you may have grounds for recourse.

Can your boss fire you for being sick?

It is understandable to worry about losing your job if you are in the middle of a nasty flu and you have called in sick for three days in a row. Nobody wants you to share your germs at work, but productivity can also suffer when a member of the team is out sick. If you are fired for a legitimate health issue, you and other Californians might wonder if you have legal rights.

Fired employee wins settlement for wrongful termination

If you are employed in California, the company you work for has a responsibility to provide fair treatment to you and all employees. Companies cannot discriminate against people on basis of religion, gender, race, sexual orientation or age, as well as people who are disabled or pregnant. When people are not treated fairly or are terminated on questionable grounds, they may be able to file a lawsuit against their employer.  

What to do if you think your employer fired you illegally

If you recently lost your job in California, it may have left you wondering what to do next. Before you walk away from the situation, you may want to consider whether you were wrongfully terminated. We at the Law Office of Jeffrey D. Fulton often help people evaluate whether an employer took an illegal action against them.

What employment rights do you have as an independent contractor?

As an independent contractor living in California or working for a California client, you already know that the American workforce has undergone a substantial change in the past decade. More and more businesses hire independent contractors in lieu of or in addition to their own employees. But what does this distinction between employee and independent contractor mean for you?

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