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Wrongful Termination Archives

Process for filing a wrongful termination claim in California

Generally for many different legal situations in California, there are two different types of jurisdictions. There are the California state courts and the federal courts. Which jurisdiction a lawsuit filed in depends on the facts and whether a federal law or state law has been broken as well as other factors.

What is a constructive discharge from employment?

People in California have many different types of jobs and each one has good parts and bad parts. People also have different relationships with different co-workers and supervisors. Sometimes people do not particularly like a supervisor and may think they are overly harsh or difficult. However, this does not necessarily mean that the work conditions are so bad that the person feels like they need to quit.

Indicators that one may have been wrongfully terminated

There are many reasons that employers in California decide to terminate certain employees and most of them are legal. California is an at-will state meaning that absent an employment contract for a specific period of time, the employer can pretty much fire an employee for almost any reason. However, the employees do have certain protections even without an employment contract. It is illegal for employers to discriminate against employees based on the employee being in a protected class.

What constitutes a hostile work environment?

People in California have many different types of personalities. These personality traits usually dictate how the person deals with other people and how they handle certain situations. This is true for managers and supervisors in the workplace as well. As people are aware, different people manage different ways. Some are more aggressive than others as well. Many employees may feel intimidated by intense aggressive bosses and it may affect their work performance.

Most common EEOC charges in California in 2017

Most people in California are at-will employees and are somewhat at the whim of their employer in terms of their employment status, but do have some protections. Employers generally make decisions based on what is best for their business and therefore keep good employees regardless of their age, sex, race and other factors. However, people in management just like anyone else could have biases and base decisions on these biases as opposed to basing the decision on work performance.

What are the laws for laying off employees in California?

There are many expectations that employers have of their employees. The basic one though is that they do their job and do it well. For the most part as long as the employee is doing their job, they will be able to keep it. However, some things are out of an employee or an employer's control such as a downturn in the market or a specific business. In these situations the employer may simply no longer have the money to pay all their employees and need to lay them off.

Protecting the rights of those who are wrongfully terminated

California is known as an "at will" employment state. This means that there are very few set term contracts and people do not have absolute guarantees that they will have their job for set period of time. It also means that people can be fired for unfair reasons on the whim of their employer. In many instances there is nothing illegal with doing that even though it is not fair. However, employees do have protections and if they are fired because of an employer's biases and discrimination, the employee may have a wrongful termination claim.

Steps to take if you believe you were wrongfully fired

People in California rely on their jobs in order to earn an income and provide for their and their family's needs. They make decisions on what they can afford based on the fact that they expect the job to be there and the paychecks to continue to come in. However, people are fired from their jobs from time to time.

What country an employee is from cannot affect their employment

There are people from all over the world who live and work in California. They come to California for many different reasons and work in many different types of jobs and professions. People from the same race may also come from different countries. Unfortunately though just like people have biases against people of a certain race, people also have biases against individuals from different countries as well.

Retaliation against employee involvement with EEOC is prohibited

There are many different work environments in California. Some work in offices, some work outside doing construction or other types of work, some work in retail stores, restaurants, some drive doing delivery or transporting other products. Due to the unique requirements of each of these businesses, the job requirements and dynamics of each type of work will vary. However, no matter what type of work people do, they all have the same rights against discrimination or harassment at work.

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