Law Office of Jeffrey D. Fulton
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Posts tagged "Wrongful Termination"

Can LGBT people be fired for their orientation in California?

Despite major strides forward in the equal treatment of LGBT people in our country’s society, there are still setbacks that you may understandably find disheartening. There are numerous people with prejudices against those with different sexual orientations or gender identification, and they may take any opportunity to discriminate against them. You may be interested in learning about labor protections for LGBT people in California, especially if you are worried about your job.

What makes a termiantion wrongful?

Californian workers depend on your paycheck to meet your daily living expenses, pay your bills, and cover necessities. Accordingly, if you feel you have been wrongfully terminated, you should be able to access compensation to make up for this sudden financial upset in your life.

What is workers’ compensation retaliation?

Anyone can get injured on the job, whether they work in a high-risk industry like construction or in an office. You and other California employees have the right to seek workers’ compensation after a work-related injury or illness, but your employer might not be very happy about it. In fact, some employers discourage their staff from rightfully making a workers’ comp claim or discipline them when they do. Workers’ compensation retaliation is unlawful.

What exactly is wrongful termination?

As a California employee, your job likely represents one of the most important things in your life. Whether you love it or hate it, your job is where you go and what you do for a significant amount of time each week so you can earn the money you need to pay your bills and hopefully have a little left over for fun things. You need your job and the last thing you need is to get fired from it.

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.

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Sacramento, CA 95833

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