Facing termination from your job can be financially and personally devastating. In California, there are various reasons why an employer may seek to terminate an employee. However, you do have some protections.
In fact, California law prohibits wrongful termination. While federal law also prohibits wrongful termination, California has its own laws regarding wrongful termination.
What is wrongful termination?
If an employer fires you, it becomes wrongful termination when the dismissal constitutes unfair discrimination or breaks the law. For instance, if an employer discriminates against you due to your gender, religion, age or national origin, you may be able to argue that he or she terminated you based on discrimination.
Termination based on disability can also be grounds for unlawful termination. For example, if you become ill or suffer an injury that leaves you disabled, your boss cannot fire you because of that fact. Keep in mind that pregnancy is also a protected condition. Employers cannot fire you if you become pregnant or plan to become pregnant. Likewise, you can request leave for medical conditions related to your pregnancy.
How can you prove wrongful termination?
To prove wrongful termination, you should begin the process as soon as your employer terminates your employment. File a formal complaint within 180 days of being fired to bring a lawsuit against the company. People who file complaints may receive financial restitution for lost wages and benefits. Document all examples of discrimination for evidence of your complaint.
Your entitlements during a wrongful termination lawsuit depend on your specific case.