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Posts tagged "Wrongful Termination"

Wrongful termination charges must be filed quickly

Most people in California are not very excited when they get terminated from a job. This is true whether people are terminated due to their own actions or inactions or whether it is completely out of their control such as a downturn in the company's business. Usually there is not much the person can do afterward except try to find a new job. However, in certain situations the reason for firing the person may be discriminatory and the person may be entitled to compensation through a wrongful termination claim.

Former Beverly Hills police employee claims wrongful termination

There are situations when people in California can say what they want and treat people poorly as long as they are not breaking the law. People may disagree with the person or find them offensive, but generally most speech is protected by the First Amendment. This is not true in all settings though. One of these situations is at the workplace. If people make offensive remarks about employees at work, there can be repercussions for their actions.

Types of damages to consider in a wrongful termination lawsuit

Losing a job can be very difficult in California. It happens to many people, but the circumstances that lead to the firing can vary. Sometimes the reason the person is fired is because the company is experiencing a downturn and they can no longer afford to have an employee on the payroll. Other times it is because the employee is no longer doing their job at an acceptable standard and the company feels the need to replace the employee with someone who will do the job correctly.

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.

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