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California Wrongful Termination
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California wrongful termination means that an employee in California has been fired or laid off for reasons that violate the employee's legal rights. If wrongful termination law has been violated in the firing or laying off of an employee, that employee may be able to file a wrongful termination lawsuit against his or her employer.
California, like many other states, is an at-will state, meaning employers can discipline or fire employees at will (that is, without either needing or providing a reason to the employee). That said, there are situations in which the firing of an employee could be considered wrongful termination. This includes situations in which the employer is discriminating against the employee on the basis of age, race, sex, sexual orientation, disability, marital status, religion, national origin or gender identity. For example a woman cannot be fired simply because she is a woman.
Employees may also have an implied contract with their employer that could prevent the employer from firing the employee without just cause. These implied contracts may be informal and it is up to the court to determine if such a condition existed. The court bases this decision on a variety of factors including promises of job security, the employer's employee handbook or policies, and job performance evaluations.
Finally, employees cannot be fired when the termination is based on a reason that is contrary to public policy. Firing an employee for refusing to do something illegal, for example, could be considered wrongful termination. Employers are also prohibited from firing, disciplining or retaliating against any employee who files a complaint with the government about illegal activities on the employer's part.
California labor laws that protect employees are covered in the California Fair Employment And Housing Act. The Department of Fair Employment and Housing (DFEH) is the state organization charged with investigating allegations of discrimination on the job. In many cases, employees must file a complaint either with the Department of Fair Employment and Housing or with the Equal Employment Opportunity Commission (EEOC, the federal organization responsible for investigating employment complaints) before filing a lawsuit.
There may also be local laws that prevent employers from firing or disciplining employees for a number of reasons.
In California, job protections do not apply to independent contractors; however, it is not enough that an employer classify someone as an independent contractor. The determination of whether someone is an independent contractor is based on how the worker is treated. This includes examining whether the worker has control over his own work methods and is paid by the job. Any worker who is called an independent contractor but is treated as an employee is likely protected by California employment law.
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California Wrongful Termination and Employment At-Will
California, like many other states, is an at-will state, meaning employers can discipline or fire employees at will (that is, without either needing or providing a reason to the employee). That said, there are situations in which the firing of an employee could be considered wrongful termination. This includes situations in which the employer is discriminating against the employee on the basis of age, race, sex, sexual orientation, disability, marital status, religion, national origin or gender identity. For example a woman cannot be fired simply because she is a woman.
Employees may also have an implied contract with their employer that could prevent the employer from firing the employee without just cause. These implied contracts may be informal and it is up to the court to determine if such a condition existed. The court bases this decision on a variety of factors including promises of job security, the employer's employee handbook or policies, and job performance evaluations.
Finally, employees cannot be fired when the termination is based on a reason that is contrary to public policy. Firing an employee for refusing to do something illegal, for example, could be considered wrongful termination. Employers are also prohibited from firing, disciplining or retaliating against any employee who files a complaint with the government about illegal activities on the employer's part.
California Employment Law
There may also be local laws that prevent employers from firing or disciplining employees for a number of reasons.
California Employee Law and Independent Contractors
California Wrongful Termination Legal Help
If you or a loved one has suffered from Wrongful Termination in California, please click the link below and your complaint will be sent to a California Employment lawyer who may evaluate your claim at no cost or obligation.Last updated on
CALIFORNIA WRONGFUL TERMINATION LEGAL ARTICLES AND INTERVIEWS
California Truckers Keep Trucking – by the Hour
Blue and White-Collar California Employees Wrongfully Terminated, National Labor Relations Board Assists
Google Hit with Another California Wrongful Termination Lawsuit
April 17, 2019
The Supreme Court’s decision in March to reject the California Trucking Association’s appeal regarding workers illegally misclassified by companies as independent contractors is a victory for the California Labor Commissioner, truckers and teamsters. While the decision doesn’t set a standard for determining whether an independent driver is an employee, workers may be considered employees under the California prevailing wage law. READ MORE
Blue and White-Collar California Employees Wrongfully Terminated, National Labor Relations Board Assists
April 3, 2018
Santa Cruz, CA: In October 2015, two Spanish-speaking employees of Goodwill Central Coast were fired for reporting to their manager that another manager harassed them and threatened to kill one of them. Finally their case has been settled: a National Labor Relations Board judge ordered they be reinstated, with back pay. Also in federal court, Walmart is accused of wrongful termination and retaliation, both California labor law violations. READ MORE
Google Hit with Another California Wrongful Termination Lawsuit
March 5, 2018
Santa Clara, CA: Yet another California labor lawsuit has been filed against Google Inc. by a former software engineer who excelled at her work but, in the end felt victimized by an alleged workplace culture that objectified women. The search engine juggernaut already faces numerous lawsuits alleging discrimination and wrongful termination. READ MORE
READ MORE Wrongful Termination Settlements and Legal News
READ MORE Employment Settlements and Legal News
READ MORE Employment Settlements and Legal News
READER COMMENTS
Carmen Guzman
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I do my job and mind my own business. I feel I am being targeted and I think I might be let go when I have not done anything except exist in the eyes of someone who does not like me. This person is putting poisin about me in everyone's mind and because she has been here for a very long time and is a good worker my superior appears to be taking her side rather than me.
Mark Jiminez
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I went to my store manager my following shift and made a complaint of harassment and requested a meeting with The parties involved to resolve the conflict.
My manager set up a meeting that would take place two days later. Leaving me to work in an environment that I felt was hostile. On the day of the proposed meeting my manager stepped out to lunch and never returned. He went home for the day. The meeting was fictitious. I was the only one expecting it. I prepared for it. He never told The other parties involved. I felt neglected and mismanaged by my store manager. I took my next 3 shifts off and used my california sick pay to do so. Those shifts were a total of 14 hours. I was feeling emotionally distressed and was having anxiety at the thought of working around people I could not trust.
I then followed the companies employee handbook that was given to me 7 years earlier at my orientation with the company. The next step to take was to contact HR. I was also advised by others in management positions at other store locations to do so.
I contacted HR and made it aware that I had not filed a complaint in this manner before and was unaware of the process. I told her I would be returning to work the very next day and felt relieved that someone was finally going to take me serious.
I did not hear from HR for a week. All the while reporting to work not knowing what I can or cannot say. I was also wondering if the other parties have been made aware of my claim with HR. I was made aware that in fact they had been. All the while I'm clueless as to what is taking place because I have not received any updates from HR. I was now feeling more anxiety than before.
So I emailed HR and requested that I speak to a superior as is instructed in our employee handbook. I called in to work on my next shift as I was scheduled to work a full 8 alongside the assistant manager who I felt harassed by.
The next day I recieve a call from a higher ranked HR official. She was very rude. She made two false claims in attempts to cover up the neglicience of the Regional HR rep. Who I feel was mishandling my case.
I missed work that night as well as I felt sick to my stomach that I have went this high up and each individual had not taken me seriously and neglected me. All I wanted from the beginning was to resolve the conflict while the manager was present.
I was put on "suspension pend" due to events. That is the term we use for absences and/or tadries. When I asked for the dates of the events I was being charged for, I was not given any.I was told to contact HR. for further details.
I did just that. However, I had to leave HR a voicemail because my call went answered. I left emails and called them for 3 weeks. Requesting updates and the details of suspension. All went unanswered.
Then I got phone call and was told I was terminated for not showing up to work when I was put back on schedule. I was not made aware of my schedule because for all I knew I was still suspended and every attempt to get answers and updates were made to no avail.
I then called the District Manager and explained to him the situation and he set me up with a meeting. This meeting would involve my store manager, our loss prevention rep and our assistant District manager.
I was the first to arrive to this meeting a the Asst.D.M office. He opened the door for me. And had me sit down. He then a few minutes later apologized and asked me to wait outside for a minute. Then the L.P rep showed up and was let in followed by my manager a few minutes later. I waited outside another 15 mins or so. They were building there case against me and throwing out any discrepancies on their part. I asked several times to see the list of events I was charged for during my initial suspension And the updated list with my no call no show when put back on schedule.
At the very end of the meeting I was told that unfortunately they had not the power change the outcome of my termination. They handed me my papers and I was told to fill out an associate dispute resolution form. I was very upset and realized I still had not been given copies of my events. I now demanded to see them.
I was given a sheet that showed 3. The last date being a holiday so it counts as two. That would put me at 4. This sheet was checkboxed as Written and final Written warning.
Elsewhere on this sheet reads:
Statement of company policy on this subject: AR 4.2: Two events warrant a verbal warning, 4 events warrant a written warning, 6 events warrant a final written warning, 7 events warrant further disciplinary action up to and including termination. Unauthorized absences around "key Event Days" will result in two (2) events.
I was fired for the no call no show and another no call no show they pulled from December while I was working under another manager. I had worked 5 years for him before they shuffled management around to new locations. This no call no show should have been reflected on my list of events at the no. 1 spot. Events remain on calendar for an exact year to the date of offense at which they then fall off again.
It was not on the list because me and my previous manager worked that particular incident out and he was not going to hold me accountable for it. My new manager went digging for something. Sometime Throughout this whole ordeal I realized that companies can pretty much harass and retaliate however they want as long as the victim does not belong in a protected class of people. It's a shame. This company is Smart&Final. I gave them 7 hard years of physical labor and I was the best at my position. Is there anything or anyone that can help?
Steven
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Stephen Davis
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Jayme Nicole Simmons
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Teresa Franklin
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Kenneth b
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FYI it's a medical marijuana delivery job. But he runs his companies legit out of his cash for gold office.
m clifford
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William Lueckfeld
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Febe Bonilla
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I had been offered a full time numerous times but due to the distance from work I didn't want to commit to 5 days. My home is 85 miles from my old work. I had to take the metro, drive, walk a total of five hours a day from/to work. I would work 9 hours everyday at least 4 days a week and Fridays I would at least try to work 4 hours making it full time.
Months before my employer had agreed to let me work from home one day a week due to changes with my son's school schedule.
When I got pregnant I was told I had a high risk pregnancy. I emailed my employee if I could start working that one day from work a month before we had agreed due to my pregnancy and he never replied. Instead my desk and hours were cut.
I had a lot of stress at work but even then I never complained.
No one else was let go until 5 months later for the same reason but another employee was hired full time plus another one to come in once a week.
In the almost four years I worked there I went from $8.00 to $15.00. Other employees only got a raise once in 20 years. I was first hired to answer phones and do preps with clients but I soon advanced to doing new cases, appeals and was in charge of part of advertising.
I was late no more than 5 times in the almost four years I worked there and it was only due to mechanical problems with the train and only once was it more than 15 minutes late. I had made sure I got the earliest train I could get to give me at least 45 minutes just in case there was an traffic or a problem with the train. I would leave my house at 4:30 am and got home at around 7:00 every day. I was very committed to my work, responsible and rarely made mistakes.
I always gave my 100%. There was no reason for him to let me go other than me being pregnant but he said it was for financial difficulties. I would have stayed if he had offered me a lower pay but instead he hired someone else to replace me.
I was let go October 15. I didn't look for an attorney before because I had so much stress at work, I went to the ER three times and I felt like I didn't need more stress at the time. I had chosen a doctor/hospital near the train station (45 minutes away from home) because I wasn't expecting to stop working until I went into labor.
Once I was let go, I tried looking for a doctor closer to home but because I was past 6 months and I had a high risk pregnancy no doctor wanted to take me as a new patient. I went without a doctor for months. It was a very stressful time for me.
Do I have a case?
Jason
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California
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Anonymous
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California
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California
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California
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I wasn't on a performance plan, I was excelling in my position.
California
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California
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California
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California
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Basically, my boss is saying I am not needed because I had to take time off for cancer surgery and recovery.
California
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