Over the last six months, many people have found themselves without work, and for a number of these workers, their unemployment status is not welcome. During the coronavius pandemic, many businesses have had to quickly cut costs and sometimes, this includes terminating hardworking men and women.
While California is an at-will state, meaning that the employee can leave at any time without warning and the employer can dismiss an employee for any legitimate reason, this does not give an employer free reign to wrongfully terminate a California employee.
Common reasons employees are wrongfully terminated include:
Racial discrimination
Sexual orientation discrimination
Political affiliation
Health conditions
Sexual harassment
Retaliation
Reporting an unsafe work space
And more. To discuss your specific situation, you will want to reach out to an experienced employment lawyer.
State and Federal Wrongful Termination Laws
Under both federal and state law, employees are entitled to take time off for a number of valid reasons, including pregnancy (pre-and-post), medical conditions (employee’s and family member), civic obligations (Jury Duty), and Military. Specifically, under California Government Code 12940, California employers cannot fire, refuse to hire, or otherwise discriminate against a person based on their age, sex, gender, gender identity, gender expression, sexual orientation, race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, or military or veteran status.
Under the FMLA, a “mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or child birth).”
The FMLA also states that employers with 50 or more employees must provide their employees with up to 12 weeks per year for certain medical conditions or to take care of family members with certain medical conditions.
Financial Recovery in a Wrongful Termination Case
An employee who is wrongfully terminated can seek to recover compensation, including:
· Lost wages – both past and future
· Lost past and future benefits
· Emotional distress
· Attorney fees and court costs
· Punitive damages
If you believe you have been wrongfully terminated, know that California law and our skilled legal team are on your side. To discuss your potential wrongful termination case and whether you could recover financial compensation for being fired from your job, contact the employment lawyers at Webb Law today.
