Wrongful Termination
Generally under California law, a worker that does not have a written employment contract is considered to be an "at will" employee and may be terminated for any reason or no reason at all. However, at will employees may not be terminated for impermissible reasons.
For example, an at will employee may not be terminated for any reason which violates public policy. A termination that violates public policy is one that violates eitehr a state or federal statute, a regulation, or another constitutional protection. Additionally, if the employee acts as a "whistle blower" then terminating the employee would also be impermissible.
In addition, if the employee is terminated because of race, gender, sex, age, religion, disability, sexual orientation, or national origin, the employee may have a claim for wrongful termination. Such descrimination claims are covered under California's Fair Employment and Housing Act (FEHA) and common law claims for violation of public policy. Similarly, terminations made in retaliation for an employee's complaints about discrimination are also protected.
There are other examples as well. You should consult with a lawyer before waiving your right to file a lawsuit and determine that the termination is not only unfair, but also illegal. In the event that your termination is determined to be unlawful, you may recover the following damages:
For example, an at will employee may not be terminated for any reason which violates public policy. A termination that violates public policy is one that violates eitehr a state or federal statute, a regulation, or another constitutional protection. Additionally, if the employee acts as a "whistle blower" then terminating the employee would also be impermissible.
In addition, if the employee is terminated because of race, gender, sex, age, religion, disability, sexual orientation, or national origin, the employee may have a claim for wrongful termination. Such descrimination claims are covered under California's Fair Employment and Housing Act (FEHA) and common law claims for violation of public policy. Similarly, terminations made in retaliation for an employee's complaints about discrimination are also protected.
There are other examples as well. You should consult with a lawyer before waiving your right to file a lawsuit and determine that the termination is not only unfair, but also illegal. In the event that your termination is determined to be unlawful, you may recover the following damages:
- Lost Earnings
- Lost Benefits
- Emotional Distress
- Punitive Damages
- Reinstatement of Position If Desired
- Promotion if Offered Before Termination
- Attorneys' Fees and Costs