Working in California may be a dream-come-true for many. Who would not be? It is one of the world’s progressive states.
However, employment for some can also be a nightmare. Employment cases balloon specifically those cases on wrongful termination.
If you have been fired or terminated from work without just or authorized cause, then you are wrongfully terminated.
A wrongful termination case may appear to be easy and less complicated. Do not be trapped into this idea. On the contrary, it involves intricate provisions of law and processes.
While some cases of termination are actionable, some are not. In short, it depends on the circumstances surrounding the case and applicable federal and state laws.
Wrongful Termination
Wrongful employment termination means severance from work for causes not included by law. It includes termination in violation of or caused by:
• federal and state anti-discrimination laws
• oral and written employment contract
• labor laws
• complaint for sexual harassment
• retaliation for an employee who has filed a complaint or claim against the employer
Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.
Further, California courts have expanded the above definition to include termination by:
• refusing to do something illegal
• doing something which the California or federal law gives you the right to do
• complaining on work related matters
• complaining to a third party about your employer
• giving reasons that just do not “feel” right
• giving reasons used to “cover up” another reason
Since individual facts and circumstances are considered in termination suits, it is important that an employee keep copies of any appointing letters, employee handbooks or manuals and performance review to substantiate any claim for wrongful termination.
Proving Wrongful Termination Cases in California
Wrongful termination, in California, is often difficult to prove and establish. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be "at will."
Consequently, "at will" employees may be terminated even for unfair, whimsical or capricious grounds. Simply put, they may be fired any time.
However, if termination of “at will” employees is in violation of public policy or due to retaliation or discrimination, then termination is wrongful as they are exceptions provided by law.
An "at will" relationship can be modified either verbally or through custom or practice.
Modifications can be made either by assurances of continued employment or non-compliance with the policy on progressive discipline contained in the employment handbook. Such that, when an “at will” employment has been modified, an employer could be required to establish "good cause" prior to terminating them.
A successful claim of wrongful termination will entitle an employee to any or all of the following:
• Salary
• Fringe Benefits
• Damages for emotional distress or suffering
• Punitive damages, if against public policy
• Right to reinstatement
• Attorney’s fees
About the Author:
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
Thu, 24 Jul 2008 07:00:45 - 100%
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