Orange County Wrongful Termination Lawyer
Orange County Wrongful Termination Attorneys PROTECTING YOUR RIGHTS AGAINST UNLAWFUL TERMINATION
Under California’s Labor Code, any employment relationship with no specific duration is considered “at-will” employment. By definition, an at-will employment relationship enables both employers and employees to terminate employment at any time, with or without cause. Exceptions apply to at-will termination are when a termination violates a statute, court ruling, public policy, and another law or regulation. While most employees in the state of California fall into the category of at-will employees, they still maintain certain legal rights that protect them against wrongful termination.
Wrongful termination cases may involve:
- Employer retaliation
- Implied contracts
- Good faith dealings
WAYS YOU CAN BE WRONGFULLY TERMINATED In Orange County, CA
FAQs About California WRONGFUL TERMINATION Laws
California is an “at-will” employment state. That means that either the employee or the employer can terminate the employment. However, there are some rules that employers have to follow.
Here are a few of the most commonly asked questions about California wrongful termination.
I FOLLOWED THE EMPLOYEE HANDBOOK BUT WAS FIRED ANYWAY; DO I HAVE A CASE?
I WAS FIRED FOR COMPLAINING ABOUT SEXUAL JOKES AND BEING TOLD ‘YOU LOOK SEXY.’ IS THIS SEXUAL HARASSMENT?
I AM PLANNING TO ADOPT BUT WORRIED IT WILL AFFECT MY OUTPUT AND THAT I MIGHT GET FIRED. ARE THERE PROTECTIONS FOR CALIFORNIA PARENTS WHO ADOPT?
California employers with more than 50 employees need to give their employees 12 weeks of leave in a 12-month period as stated in the California Family Rights Act. You should get this time off for adopting a child and for several other health matters that affect your family. If your employer employs 20 to 49 employees, then your 12-week time off for adoption should be covered under the New Parent Leave Act. If you experience a demotion or are terminated after you adopt a child, speak with a California employment law attorney.
CAN MY EMPLOYER REQUIRE A DRUG TEST FROM ME? CAN I BE FIRED IF I REFUSE?
You have a right to privacy. This does not mean on-the-job drug testing is illegal. Some jobs require that the worker be clear-headed and not influenced by drugs that could affect judgment. Jobs in transportation and aviation and contractors with NASA and the Department of Defense are some of these jobs. In the California courts, these instances of invasion of privacy and on-the-job drug testing are judged on a case-by-case basis. The courts typically take into consideration the employer’s reasons for testing and the amount of intrusion on the employee. If you were fired for refusing a drug test at your place of employment, an employment law attorney can certainly provide guidance.
STILL HAVE QUESTIONS? TALK TO AN SOUTHERN CALIFORNIA WRONGFUL TERMINATION ATTORNEY.
OUR Orange County Wrongful Termination LAWYERS CAN PROTECT YOU
If you have more questions about what could constitute wrongful termination, check out our wrongful termination FAQ. You can also receive more information from the California Chamber of Commerce. When it can be shown, clearly and convincingly, that an employer based the termination on these or other similar factors rather than a legitimate business reason, wrongfully terminated employees may be eligible to recover financial compensation for their damages.
This can include lost work wages and the value of lost benefits. Other cases may also permit unlawfully terminated employees to recover emotional damages and punitive damages. As cases and recoverable damages depend heavily on the personal circumstances and facts involved, we invite you to find specific answers that relate to your situation during a free case evaluation with one of our Southern California employment attorneys.
If you or your loved one has reason to believe that you may have been wrongfully terminated, the experienced, bold and aggressive representation you need to assert your rights is available at the Diefer Law Group, P.C. Comprising a talented legal team that draws from more than 60 years of combined experience, we have the ability and willingness to fight for your rights and the best possible outcome.
If you would like to learn more about wrongful termination, the potential merits of your case and how our firm can help, contact a Southern California wrongful termination attorney from Diefer Law Group today.