Most employment in California is called at-will employment, which means employers can let employees go or fire them for any reason or provide no reason at all. Employees also do not need a reason to quit. However, this does not mean that employees cannot be wrongfully terminated.
If your employer fired you or let you go for a reason that the government deems unlawful, such as sexual harassment, you may be the victim of a wrongful termination. Speaking with an attorney may help you assess your situation and provide you with guidance on next steps. Discuss your wrongful termination with an experienced Sacramento at-will wrongful termination lawyer at Erkel Law, P.C., today.
Unless you have an employment contract in place that outlines the details for termination, you are likely in an at-will arrangement. The design of this type of employment arrangement should provide a balance between the rights of both employers and employees. However, in reality, it tends to give employers an unfair advantage.
Too often, employees feel like they have no legal recourse when they are fired or let go unexpectedly. While it is true that your employer does not need a specific reason for firing you, it cannot be based on discrimination, retaliation, or anything else unlawful. Proving what motivated your employer to fire you is admittedly challenging, but having an experienced at-will wrongful termination attorney in Sacramento can make a serious difference in the outcome of your case.
Employees are protected at both the state and federal level from wrongful termination based on discrimination, retaliation, and other factors. For its part, the state affords employees some additional protections.
Members of protected classes cannot be fired as a matter of discrimination. These classes include:
Successful cases involving discrimination are often based on a pattern of behavior in which the employer consistently treats the employee in the protected class differently from their peers. This can include harassing them, denying them work opportunities, reducing their hours, or firing them outright.
Employees should not experience sexual harassment on the job, and they should not be fired for speaking about it or for refusing unwanted advances. When sexual harassment is pervasive, it can qualify as a hostile work environment that prompts victims to quit. If you were fired or pushed out of your job as a result of sexual harassment in any form, a focused at-will employment lawyer in Sacramento can help.
A hostile work environment occurs when the conditions at work devolve to the point that discrimination, sexual harassment, or any other unlawful condition has become normal. If you are fired as a result of your inability to handle the hostile conditions, there are laws in place to help protect you.
Sometimes, employers fire employees as a means of retaliating against them. For example, you may have filed a workers’ compensation, discrimination, or sexual harassment claim or missed work for jury duty. The law bars employers from firing or retaliating against employees who assert their legal rights in the workplace.
When an employer fires an employee in response to the employee bringing up issues related to compensation, there are legal protections in place. Key examples include concerns regarding minimum wage, overtime, unpaid earnings, regular breaks, tips, and paid time off.
An experienced Sacramento at-will wrongful termination lawyer can fight for your rights in the workplace if you have been wrongfully fired by your employer. Learn more about what Erkel Law, P.C., can do to help you by contacting or calling the firm today.
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