Were You Fired Illegally in California?
State and federal laws protect employees who were wrongfully fired. Here’s a quiz to help you decide if your employer fired you illegally in California.
Are You An Employee Or An Independent Contractor?
A 1099 employee is another term for an independent contractor who does freelance work. A W-2 employee just means an employee has a contract with a business or company. In California, independent contractors cannot file a claim of wrongful termination.
Are You An At-Will Employee?
California is an “at-will” employment state meaning employers must justify termination decisions of “at-will” employees. At-will employment means at-will employees can quit their job at any time. However, employers need to provide a good cause to terminate “for-cause” employees. In California, the requirement for a good cause is evidence an employee did not perform their job duties.
Related: Community Property Laws in California
Is the “Good Cause” Your Employer Listed Consistent With Your Agreement?
California requires a good cause for termination to match a “for-cause” employee’s agreement with their employer. If an employer’s reason for termination is inconsistent with the agreement, an employee can file a wrongful termination claim.
Do I Have a Wrongful Termination Claim in California?
If your employer terminated you for any of the following reasons, you might have a wrongful termination case:
- Sexual harassment complaints,
- Taking family or medical leave,
- Whistleblowing,
- Complaints about violating California’s employment laws,
- Pregnancy and/or,
- Discrimination.
California considers sexual harassment a form of prohibited discrimination. Under California laws, employers must provide and maintain a workplace free of sexual harassment. Employers cannot fire employees for reporting sexual harassment.
California law does not allow employers to retaliate or terminate employees using accrued sick or family leave. If an employee requests paid sick or family leave and their employer fires them within 30 days, an employer can be liable for wrongful termination.
Whistleblowing is when an employee reports their employer for violating state or federal laws and regulations. California prohibits employers from firing employees for reporting unsafe working conditions or violations.
California also does not allow employers to terminate employees who report or file a claim with the Department of Industrial relations against their employer’s unpaid wages, overtime pay, and unpaid meal and rest break violations.
Pregnancy discrimination is when an employer fires an employee for being pregnant, planning to become pregnant, or having pregnancy-related medical complications. The Pregnancy Discrimination Act makes it illegal for employers to discriminate against pregnant employees by refusing accommodations or firing them. Employers also must follow lactation accommodation laws.
California prohibits employers from discriminating against protected classes, including:
- Race,
- Ethnicity,
- Ancestry,
- Sex,
- Religion,
- Age (if over 40),
- Disability,
- Genetic information,
- Marital status,
- Sexual orientation,
- Gender identity,
- AIDS/HIV positive status,
- Medical condition(s),
- Political activities or affiliations,
- Military or veteran status,
- Victims of domestic violence, assault or stalking, and/or,
- Citizenship status.
In addition to these listed protected classes, each city can add protected classes to this list. Employees should check their local laws to see if they qualify under an additional protected class.
Were You Wrongfully Terminated Under State or Federal Laws?
Employees can file claims for wrongful termination under both state and federal laws. The Department of Fair Employment and Housing (DFEH) handles wrongful termination cases in California. The Equal Employment and Opportunity Commission (EEOC) oversees federal termination cases.
Other additional grounds may be under which employees can file a wrongful termination claim. Individuals should contact an attorney to help them determine whether to file a state or federal claim for wrongful termination and what the process for a lawsuit would be.
Related: Does Cheating Affect Alimony in California?
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