Over the last six months, many people have found themselves without work, and for a number of these workers, their unemployment status is not welcome. During the coronavirus pandemic, many businesses have had to quickly cut costs and sometimes, this includes terminating hardworking men and women.
While California is an at-will state, meaning that the employee can leave at any time without warning and the employer can dismiss an employee for any legitimate reason, this does not give an employer free reign to wrongfully terminate a California employee.
Common reasons employees are wrongfully terminated include:
- Racial discrimination
- Sexual orientation discrimination
- Political affiliation
- Health conditions
- Sexual harassment
- Retaliation
- Reporting an unsafe workspace
- And more.
To discuss your specific situation, you will want to reach out to an experienced employment lawyer.
State and Federal Wrongful Termination Laws
Under both federal and state law, employees are entitled to take time off for a number of valid reasons, including pregnancy (pre-and-post), medical conditions (employee and family member), civic obligations (Jury Duty), and Military. Specifically, under California Government Code 12940, California employers cannot fire, refuse to hire, or otherwise discriminate against a person based on their age, sex, gender, gender identity, gender expression, sexual orientation, race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, or military or veteran status.
Under the FMLA, a “mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or childbirth).”
The FMLA also states that employers with 50 or more employees must provide their employees with up to 12 weeks per year for certain medical conditions or to take care of family members with certain medical conditions.
Financial Recovery in a Wrongful Termination Case
An employee who is wrongfully terminated can seek to recover compensation, including:
- Lost wages – both past and future
- Lost past and future benefits
- Emotional distress
- Attorney fees and court costs
- Punitive damages
To address your litigation related concerns, feel free to reach out to our team today. You may call or text directly to (559) 431-4888 or (619) 399-7700 or send a message via email to Advice@WebbLawGroup.com.