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Wrongful Termination Archives

Employers must give proper notice for mass layoffs

There are ups and downs in any business in California. There are many factors that lead to these swings, but during the good times, companies may hire extra employees needed to meet the demands. However, if work slows down, they do not need the extra employees, and in many situations, cannot afford to pay all of their employees. In these situations companies may need to lay employees off.

Protecting employees' rights after a wrongful termination

People work in many different types of jobs here in California. Most of these people are considered at-will employees, meaning that the employees can quit at any time and employers can fire employees for many different reasons at any point in time. However, this does not mean employers can fire employees for any reason.

Wrongfully terminated employees must attempt to mitigate damages

There are different qualifications required for different jobs in California. People who do not have those qualifications most likely will not get a job. For instance in order to be an accountant one needs to be licensed and have passed certain tests in order to receive that license. If a person has not done this they do not qualify to be a certified public accountant. However, anyone that does meet the qualifications should have an opportunity to have a job in that field. Nothing besides their professional qualifications should be considered.

Evidence used to determine if one was wrongfully terminated

While no one in California likes to get fired from a job, it is something that happens from time to time. Sometimes the reason for the firing is due to legitimately unacceptable conduct on the part of the employee or simply that the employee's work performance did not meet the expectations of the company. However, there are other instances in which people are fired through no fault of their own. This could be because the company has a downturn in business or they are restructuring their business.

The Wonderful Company allegedly wrongfully terminates employee

Many people in California may not be specifically aware of The Wonderful Company, but they most likely are familiar with their products. The company produces Wonderful pistachios and almonds, Halos mandarin oranges, Fiji Water, Pom Wonderful juice and other products. The company has been very successful and is run by one of the wealthiest women in the world. However, women who work for her say that she does not seem to like women getting pregnant.

What does it mean to be an at-will employee in California?

Whether they like it or not, most people in California need to work to earn an income to support themselves and their families. Although these people as employees have to come to work each day they are scheduled, and follow the internal rules of the company, most do not have a contract stating that they are hired for a specific period of time. In fact, if the employee does sign an employee handbook or other type of contract, it may specifically state that they are an at-will employee.

Calculating damages in a wrongful termination lawsuit

There are many reasons people stop working for their current employer in California. It could be that they decided to quit because the company was not a good fit for them or because they received a better opportunity elsewhere. However, it could also be because the company laid them off or fired them. While in many situations being fired is legal, there are many other reasons when a firing could be illegal.

Teacher claims wrongful termination for her firing while pregnant

It is well established in California that women cannot be treated differently than men at work. Any employment related decision, including firing an employee, cannot be based on the employee's gender. However, this still does occur, and women are still affected by these discriminatory decisions. One way that women can be discriminated against is based on their pregnancies.

How do wrongful discharge claims filed with the EEOC proceed?

Most employees in California are at-will employees. This means that they do not have an employment contract stating a specific length of time the employee will be employed by a company. It also generally means that the employer can fire the employee for many different reasons at any time just as the employee can quit at any time. However, all employees still have certain rights, and there are certain reasons that employers cannot fire an employee.

Potential punitive damages in a wrongful termination matter

There are many legal reasons that employers in California can fire their employees. However, employers cannot fire an employee based on their race, religion, sex, sexual orientation, age, disability and other reasons. If they do, the employee may be able to file a wrongful termination claim. Through these claims the employee can try and hold the employer accountable for their actions and also receive compensation for their losses due to the wrongful termination.

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