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.
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.
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.
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.
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.
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.
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?
Given that California follows the "at-will employment" philosophy, most in Sacramento might assume that only dismissals that discriminate or violate one rights are disputable. Yet what is lost in this assumption is the fact that many employees in the state do indeed have employment contracts that protect them from being fired under the at-will model.
Workers in California and across the United States are entitled to certain working conditions, including a safe work environment free from harassment and discrimination. When people feel as though they have been the recipient of discrimination and harassment, they may file a claim against the company.
When your employer hires you as an employee in the company, you have certain rights and are protected under the U.S. Equal Employment Opportunity Commission. One of these rights involves protection against employer retaliation, which is the most frequently alleged type of discrimination given by workers in California and across the nation. It is important that you understand your rights and know what to do if you feel you have been victimized employer retaliation.