California Termination Laws

In California, an employee’s employment may be terminated at the will of either party. Employees who are terminated must be paid all wages due at the time of termination.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. California follows “At-Will” employment regulations

3. You Have to Be an Employee

4. Employers are Not Allowed to Remove You for Illegal Reasons

5. A violation of the contract could result in an unjust termination

6. It’s Your Right to Consult a Los Angeles Employment Attorney under California termination laws

Introduction

In addition to federal laws that address wrongful termination, California has its own set of regulations that specify when a company is permitted to terminate an employee. It’s possible to determine if you were fired unfairly after getting terminated from your job by being aware of the law. You can receive the information you require and legal representation against a careless or unlawful company in Los Angeles by speaking with a wrongful termination attorney. Examine the key points regarding California termination laws before bringing the case before a lawyer.

California follows “At-Will” employment regulations

“At-will” work regulations are upheld in California. As a result, employers can fire workers for nearly any reason, or without any reason, at any time. It should be noted, however, that retaliation, discrimination, or harassment are not grounds for termination by an employer. It is probably wrong to fire someone if doing so violates their civil or occupational rights.

You Have to Be an Employee

You must be an employee at your place of work, and not a freelancer or independent consultant, in order to file a wrongful termination case in California. In theory, as a freelancer/independent consultant, you are employed by yourself rather than by a customer or employer. In general, legislation will classify someone as an employee if they work under the direction and authority of an employer. Sometimes employers misclassify employees as self-employed contractors in order to avoid having to deal with certain issues. You might still be able to sue the company if you think this is the situation.

Employers are Not Allowed to Remove You for Illegal Reasons

Even though at-will job regulations in California are flexible, there are several situations in which firing a worker is illegal. Terminating an employee based on their protected class—like race, sex, gender, handicap, political affiliation, or religion—is an example of this. According to California termination laws, unlawful termination can also occur when an employee is fired for asking for time off, going on medical leave, or availing leave off in accordance with the Family and Medical Leave Act (federal).

A violation of the contract could result in an unjust termination

In certain instances, employees are exempt from California’s at-will legislation. Contractual agreements between employees and employers may restrict the employer’s absolute right to fire an employee. If the company had no justification for firing the employee, they may be entitled to claim wrongful dismissal in certain situations. Legal grounds for terminating a contracted worker include the worker’s deliberate breach of the agreement, persistent disregard for work-related responsibilities, or incapacity to carry out responsibilities. California termination laws apply to both written and verbal contracts.

It’s Your Right to Consult a Los Angeles Employment Attorney under California termination laws

Speaking with an attorney immediately as the company fires you is the most appropriate course of action for defending your rights. The effects of losing your work may be felt both personally and professionally.

You can find out all the pertinent details regarding your case and receive guidance about what to do by speaking with a wrongful termination lawyer in Los Angeles. You might be able to sue your company for damages and possibly even regain your employment if you have sufficient proof.

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California Termination Laws

Introduction

California follows “At-Will” employment regulations

You Have to Be an Employee

Employers are Not Allowed to Remove You for Illegal Reasons

A violation of the contract could result in an unjust termination

It’s Your Right to Consult a Los Angeles Employment Attorney under California termination laws

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