California is an at-will employment state, which means that, under most circumstances, both the employer and the employee have the right to terminate a working relationship for any reason that seems good to them. However, there are protections in place under both state and federal law to protect employees from illegal dismissal. If you suspect you have been terminated illegally, it’s important to talk with the Los Angeles, California employment lawyer as soon as possible. Your lawyer should be local so they understand California law and also how it’s interpreted by the local courts.
Laws that Protect Los Angeles, California Employees
As mentioned, we’re an “at-will” state for employment, which means that employers generally do not have to justify their decision to terminate you so long as the reason for doing so is not illegal. Employees likewise are permitted to quit at any time that seems good to them. Overall, this is a very flexible situation for both, but there are limits.
Most importantly, employers may not terminate an employee for discriminatory reasons or in retaliation for certain protected behaviors. Likewise, both the employer and the employee are bound by the terms of any specific work contract that they have in place, provided those terms are legal under federal and California law.
“Unfair”
Unfortunately, there is no law against what the average person might see as “unfair” or even “unethical” firings. An employer can fire a long-standing employee for no good reason, and this is not illegal. It only becomes illegal when the firing actually violates the law.
Illegal Reasons for Firing an Employee
Discriminatory Firing
Discriminatory firing takes place when a worker is let go based on a protected trait or their defense of others with a protected trait (so long as that defense was not itself illegal). These protected traits include their race, sex, religion, national origin, gender identity, sexual orientation, disability, marital status, and their age if they are over 40.
For example, firing an employee because they fall pregnant would be discriminating against them based on their sex. Firing an employee who gets married because the employer would rather have a single employee without the distractions of home life is also illegal. Firing an employee who objects to a Christian colleague being fired for their religion, even if the objecting employee is not a Christian at all, would also be discriminatory.
Retaliation
If you have exercised your right to bring a whistleblower complaint under the California labor code, you are protected by that code from being fired in reprisal. This would include bringing a whistleblower complaint against illegal activities, safety violations, fraud, or any discrimination that you have observed in the workplace. If you make a complaint about unpaid overtime, for example, you cannot be fired, and, if you are, you could bring a lawsuit over this retaliation.
The key here is that you must have brought the complaint in good faith. In other words, even if an investigation determines that your employer was not engaged in the illegal activity you were concerned about, so long as you made the complaint in good faith, they cannot retaliate against you.
For Refusal to Violate the Law
If your employer asks you to break the law, such as by asking you to falsify records, and you refuse, you cannot be retaliated against by being let go.
In Violation of Your Employment Contract
If you have an employment contract in place, and your employer violates the terms of this contract in firing you, this would count as an illegal firing. Your contract may specify terms to your employment that go beyond what the law says, but so long as that contract is legal, it must be followed.
For example, under normal circumstances in California, an employer may fire an employee for being late for work if they so choose. However, if you have a contract in place that says you are to be given two warnings about specific behaviors such as tardiness before you can be terminated, then it doesn’t matter how late you were for work: your employer must give you two warnings before they can take that final step or they are in violation of the contract.
For Violating Other Terms of California’s Labor Code
The California labor code has much in common with the federal labor laws. But California also has some specific protections unique to our state. For example, in addition to everything listed here, you also cannot be fired for filing a workers’ compensation claim. If you are fired quickly after trying to seek benefits, you may be able to bring a lawsuit not only to get your job back but also to increase your compensation. The law also specifically prevents parents from being fired for taking off time to attend their children’s school activities, though parents must give reasonable notice before they take this time off.
In Violation of Your Union Agreements
If you are in a union or are covered by a collective bargaining agreement of any kind, then your employer may not terminate your employment in violation of the terms of those agreements, even if the termination would otherwise be legal.
For Using Your California Family Rights Act Benefits or Exercising Other Rights
California offers extra protections beyond those guaranteed by federal law by giving certain employees up to 12 weeks of unpaid leave if they have a serious health condition, need to take care of their family, or need to bond with a new child. You cannot be fired either for taking this leave or for asking about it.
Under state and federal law, an employer cannot fire an employee because they choose to exercise a right which they have under the law. For example, if you become disabled and request accommodations, you can’t be fired for this. The same holds true for any civic duties that you may have. You can’t be fired because you went to vote on election day or because you have been called up for jury duty.
Protecting Your Rights With Your Employment Lawyer
Administrative and Legal Options
One of the first steps you take if you believe you have been unfairly terminated is to talk with an employment lawyer. A lawyer can help you review the circumstances of your case and understand whether it violates any of California or federal law. If it does, your lawyer will help you identify the right agency to begin making a complaint. This might be the Department of Fair Employment and Housing (DFEH) or the Labor Commissioner’s Office. It might be the Equal Employment Opportunity Commission (EEOC), as well, though because California’s laws are more comprehensive than federal law, most of these cases are brought to state administrative bodies.
After investigating, the administrative body will either try to help you negotiate with your employer to resolve the issue or may issue you a “right to sue” letter so that you can take the next step and go to court. In some cases, the agency may even bring litigation on your behalf. A lawyer will be with you at each step here to keep the process moving and protect you from any retaliatory actions that your employer may take.
Contact Our California Employment Lawyer Today
Contact the experience team of attorneys of Haig B. Kazandjian Lawyers APC today. We proudly serve clients across California. Visit us at our Glendale office at:
Haig B. Kazandjian Lawyers APC
801 N. Brand Blvd., Suite 1015,
Glendale, CA 91203
Phone: (818) 696 2306
