In California, most employment contracts are considered “at will,” which gives freedom to the employee to resign from the position and to the employer to dismiss them. However, being fired for illegal reasons is still not allowed, and there are laws that deal with it. Employment law prohibits employers from firing their workers for reasons such as:
- Discrimination: based on sexual orientation, race, religion, etc.
- Retaliation for a mistake or not agreeing with the employer.
- To evade paying wages, overtime, bonuses, etc.
- Pregnancy
- Harassment
- Among others
These reasons do not justify dismissal and violate the laws protecting the rights of employees. On the other hand, if the contract does have specific dates and the employer decides to fire someone before the established time, the worker may sue for this unjustified dismissal and termination of the contract prematurely.
The only cases in which the dismissal is, in fact, legal are usually those in which an employee has committed irregularities in his/her work or if there has been a serious problem.
Wrongful termination cases can be complicated because employers will do their best to prove that they are innocent and did not violate any of the laws that you present in your lawsuit. They will try to evade being held liable as much as possible, or in some instances, they will try to work out an agreement with your attorney to avoid being taken to court.
That is why having the help of one of our attorneys at Lara & Luna, APC will help you prove that this was, in fact, an illegal act. We can help you obtain the compensation you deserve and guide you toward the best decisions for a successful claim.