How to Prove Wrongful Termination in California
Have you recently been fired from, or forced to quit, your job and believe that you may have been the victim of wrongful termination? Do you need to find out how you can prove wrongful termination has happened to you, but are not sure just how to do that? If you have lost your employment and feel that your rights have been violated, then you it will be necessary for you to prove wrongful termination. There are some things that you need to know about employment law in California concerning cases of wrongful termination.
Wrongful Termination and “Good Cause”
When it comes to how to prove wrongful termination in California, things can become a bit tricky. The difficulty comes from the fact that according to California state law, the majority of employer-employee relationships are considered to be “at will”. In other words, employers may terminate any employee for any reason excluding those that are based in discrimination. However, employers may also have to prove wrongful termination did not occur by establishing that they had “Good Cause” to terminate an employee if the employee is able to prove that the “at will” relationship has been altered by some type of contact and that the termination resulted in a breach of that contract.
Discrimination Law and Wrongful Termination
Although it may be the right of employers to terminate any employee “at will”, there are definitely exceptions to that rule that you should be informed about. Workers are protected from wrongful termination if they can prove wrongful termination was based on employment discrimination. According to Title VII of the Civil Rights Act of 1964, it is illegal to discriminate against workers based on race, color, sex, religion, national origin. Since the initial enactment of that law, discrimination against employees on the basis of age and disability have also been made unlawful. Employers are prohibited by law from using any of these factors in determining hiring or firing of employees.
In addition, employers are not allowed to retaliate against an employee who has filed a complaint with the Equal Employment Opportunity Commission, or another organization that defends worker’s rights. It is also illegal for employers to take action against an employee who has refused to partake in any type of illegal activity which the company or employee is participating in. Retaliation can include such things as denying the employee raises and promotions, or making the workplace intimidating or unbearable to the point that the employee is forced to quit.
How to Handle Forced Termination
If you have been forced to quit your job due to unbearable conditions, or need to prove wrongful termination on the part of your employer, you need to become familiar with all of the laws that protect you from such actions. Because of the nature of wrongful termination law, being able to prove wrongful termination without the assistance of good legal counsel can be quite difficult. That is why your best course of action is to begin the process of proving wrongful termination by seeking the skills of a knowledgeable legal professional.
To take the first step, simply in your contact information on this page and you will be contacted by an attorney for a free consultation.
