Being fired from work is one of the most stressful situations one can be into. Worst case is when termination is illegal. A wrongful termination lawyer Santa Ana based can help go over the termination process, reason and other information why the employer made such a move.

What is “wrongful termination”?

When an employer discharges or lays off an employee in violation of a legal right of the employee then this is “wrongful termination”.   In such case the employee has to show that the termination was against a legal right.

The state of California adheres to the “employment at will” doctrine.  Employees can be terminated for any reason as long as it is not illegal.  Contract employees can only be terminated for the reasons stated on the contract.  This at-will presumption can be prevailed over by evidence that even with no specified terms of employment, both employer and employee has agreed to the employer’s discretion to terminate for a number of reasons only.

A discussion with a wrongful termination lawyer Santa Ana based can help clarify the legality of the termination of employment.

Wrongful Termination Scenarios

Wrong termination embraces many aspects in relation to the California Employment law.  In its broad aspect, it is the cessation of employment that is illegal under state or federal law.  In its narrow aspect, it is work stoppage that violate California’s “public policy” and which a court has ruled are wrongful termination.

California courts have widely broadened rules and employees are now enjoying extra protections.  Some most common scenarios for wrongful termination:

Public Policy Violations

This means that an employer cannot fire a worker for reasons that society has ruled to be illegitimate grounds for termination.  Employers are not allowed to fire employees who:

• reveals information that employer is not paying commissions or accrued vacation pay
• are absent from work because of jury duty
• are absent from work in order to vote
• take time off to serve the military
• are whistle blowers (notifies authorities for wrongdoing or can cause harm to others)

Discrimination

Discrimination is illegal. If the termination of employment is because of race, color, national origin, gender, religion, age, disability or genetic information then talk to a lawyer immediately.  Under this would be sexual harassment in the workplace.  There are time limitations and rules that apply to discrimination claims thus the best approach for such a case is to work with a wrongful termination lawyer Santa Ana based if you live or work in the area.

Employer’s Retaliation

Employers are not allowed from retaliating against employees who are engaged in legally protected activities such as filing a complaint with the EEOC or formally placing a charge for sexual harassment. When the employee acts in response to the activity by firing the worker then this is taken as retaliation. Reprimands, demotions, low evaluation scores and other acts that have an adverse effect on the employee are considered illegal.

Learn More

There are so many other scenarios that a wrongful termination lawyer Santa Ana based can discuss. Preparation of the case means a thorough investigation on what really transpired between employer and employee and once this is determined appropriate charges can be filed. The best way to get the wrong made right is to leave everything to the expertise of a lawyer at Diefer Law Group.