Wrongful Termination At The Workplace
It is a violation of federal or state labor regulations when an employee's employment is terminated for any illegal purpose. Employers are prohibited from firing employees on the basis of race, gender, ethnicity, handicap, age, or religion. California has some of the most stringent wrongful termination rules in the country. Employers are prohibited from discriminating in the hiring or firing of employees under federal law.
Discrimination-Based Wrongful Termination Is Illegal.
The Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act (Title VII) both provide protected categories or characteristics of individuals that may or may not be taken into account when an employer dismisses or fires an employee. In general, the FEHA protects more groups than Title VII. If you were fired as a result of your employer's direct discrimination against you in any of these categories, we may be able to assist you in obtaining financial recovery:
- Age
- Gender
- Sexual orientation
- Race
- National origin
- Pregnancy
- Disability
- Religion
- Veteran Status
The Law Forbids Retaliation.
The act of an employer firing or laying off an employee for participating in a protected practice is one of the most common forms of illegal retribution. It is illegal for an employer to pursue retaliation against an employee for acting in a protected capacity — an act for which you cannot be fired under the law. Retaliatory wrongful terminations can take many forms, including, but not limited to:
- Retaliation for taking part in a discrimination investigation;
- Reporting potential dangers to one's safety or health;
- bringing criminal activities to the attention of police enforcement;
- Taking time off for military service, pregnancy/childbirth, or civil responsibilities such as jury duty;
- Refusal to conduct labor that is unsafe or dangerous;
- Concerns or violations should be reported to the Occupational Safety and Health Administration (OSHA)
Refusing To Commit An Illegal Act Is Noble, But It Is Not Grounds For Dismissal.
It is illegal to terminate an employee for refusing to perform an illegal conduct in the workplace, regardless of what the request is or how minor the infringement appears to be. Employers can be asked to perform illegal conduct in any position and in any business. Employees are under no obligation to commit an illegal act as a condition of employment. Illegal actions can include:
- Accounting misconduct
- Illegal products being transported.
- Contracting unlawfully
- Engaging in practices against the law
It's A Violation Of Employment Terms If You Don't Follow The Written Termination Procedures.
Employees at larger organizations, corporate entities, and government agencies are usually given a manual or handbook that outlines the employer's working conditions and procedures. Processes and procedures that explain the sequence of events that will lead to the final termination circumstances can be included in these guidelines. Employee handbooks typically feature a termination process that may include the following elements that must be met before an employee can be fired:
- Misconduct warnings administered orally
- Notices of wrongdoing in writing
- Notations of delinquencies are kept in the files of employees.
- Involvement of human resources/witnesses in ongoing offenses
- Enrollment in a rehabilitation or employee aid program
- Classes or therapy that are required
- Suspended employment
- Termination
Contact A Los Angeles Attorney Today And get The Compensation You Need
Discrimination against employees based on any of the aforementioned protected groups is forbidden. Give our office a call at 310.943.1171 to ensure a strategic approach is taken for your case to bringing a claim against your employer, ensuring that the financial, emotional, and physical losses you suffered are addressed through a financial settlement tailored to your individual situation.
