Unfortunately, an employer’s incompetence and unfairness in hiring and firing of employees are not against the law in California. Therefore, a dismissal for no reason or insufficient reason is not necessarily an open-and-shut case of “wrongful termination.” What is illegal is the wrongful termination of a worker in violation of public policy.
This means that if your employer has taken action against you because you reported or resisted illegal activity, you may have a wrongful termination case. If you suspect that you lost your job because you refused to violate the law, the Fulton Law Corporation is here to be the champion you need. Based in Sacramento, we represent employees throughout the surrounding areas.
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 leftover for fun things. You need your job and the last thing you need is to get fired from it.
California is an “at-will” state, which means that employers may terminate employees for any reason, at any time, as long as it does not violate the law. You can likewise quit whenever you wish for virtually any reason or for no reason at all. California also has a number of laws and statutes in place to protect workers from wrongful termination.
For example, an employer cannot fire an employee for discriminatory reasons such as:
The employee’s contract of employment may also limit the circumstances under which they can be terminated. Employers must comply with all applicable state and federal laws when firing an employee. If these laws are violated, the employee may have grounds for a wrongful termination lawsuit.
It is best practice to consult a lawyer before making any decisions about terminating employees in Sacramento, California. An experienced attorney can help ensure your rights are protected.
Both federal and state law contain reasons why your employer cannot fire you, including the following:
In addition to the above statutory reasons why your employer cannot terminate your at-will employment, three additional common law reasons, called exceptions, exist. The public policy exception prevents your employer from firing you if such termination violates a specific, well-established California public policy. For instance, your employer cannot fire you if you file a workers’ compensation claim after you suffer an on-the-job injury.
Under the implied contract exception, your employer cannot fire you if you can prove that (s)he made oral representations to you concerning your job security or that (s)he violated the company’s policy and procedure manuals when (s)he fired you. Finally, California recognizes the covenant of good faith exception. This exception means that your employer is held to a “just cause” standard when making termination and other employment decisions. For instance, (s)he cannot fire you based on malice.
Because most employment relationships in California are “at-will,” an employer may choose to discharge an employee at any time for any reason. However, there are several exceptions to this rule. Some of the exceptions include breaches of implied contracts, breaches of implied covenants of good faith and fair dealing, violations of public policy, or fraud/misrepresentation.
There are several additional grounds for wrongful termination claims in Sacramento, including:
If any of the above is true for you, you likely have grounds to file a lawsuit against your employer for wrongful termination. Your first course of action is to call our office to speak to a wrongful termination lawyer in Sacramento about your rights and options.
From the first day of your case to the last, you can receive the benefits of our skilled employment law attorney’s measured advice, zealous advocacy, and tireless dedication to your legal needs. Jeffrey D. Fulton puts his more than 20 years of experience, his proven skills, his personal service, and his track record of success on your side. Count on him and our entire legal team to listen carefully to your side of the story, exhaustively research your claim, and use the facts of your case in effective negotiations with an employer who has acted unlawfully.
Do you feel you were dismissed from your job because you witnessed and reported an unethical or illegal activity occurring in the workplace? Did you openly object to sexual harassment against you, only to find yourself out of work entirely? Was your dismissal the result of complaints about being undercompensated for hours you worked? Get in touch with The Fulton Law Corporation for a wrongful termination lawyer in Sacramento. Contact us today.
Learn more about what the Fulton Law Corporation can offer our clients by scheduling your free case evaluation today. Get in touch with us by filling out our online contact form.
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