Wrongful Termination

‍What Does Employment At-Will Mean in California?

According to California Labor Laws, all personnel in a workplace are employed at will. Although this creates a flexible work environment, it can cause problems for both employees and employers when it comes to cutting ties. If an employee or employer chooses to terminate employment, they are free to do so without giving notice or providing cause.

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Although employment at-will makes it difficult to prove wrongful termination, Ghozland Law Firm is here to help you establish your case. The first step is to determine whether your position is an exception to employment at will. If you are a government employee, a union worker, an employee with a contract that establishes the need for a good cause, or has been subjected to unlawful treatment by an employer then you might be entitled to compensation.

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At Ghozland Law Firm, we understand that sometimes an employer can make the decision to terminate employment without due cause, and this is a challenge for many employees. In such cases, our attorneys can help you fight for your rights.

Our team of experts will first analyze your situation and determine if any exceptions to California’s at-will employment law may apply in your case. If so, then we will work to build a strong legal argument that supports wrongful termination claims. We have extensive experience with litigating these types of cases and understand what it takes to prove them in court.

No matter what type of job or industry you are employed in, Ghozland Law Firm is here to support you. If you have been unfairly terminated and need help proving your case, contact us today to learn more about how we can help. We look forward to working with you!

Having a team of experienced attorneys on your side is essential when it comes to fighting wrongful termination cases. Ghozland Law Firm has the knowledge and skill needed to defend your rights in court and ensure that justice is served. Our goal is to make sure all employees are treated fairly and that no one’s job security is compromised due to an employer's unjust actions.

When it comes to protecting yourself from wrongful termination, the best way to do it is by acting quickly and seeking professional legal advice as soon as possible. Contact our offices today to learn more about how we can help.

Types of unlawful termination can include, but are not limited to:

Discrimination

There are many types of workplace discrimination, including gender and race. Other forms of discrimination can be based on age, disability, sexual orientation, religion, pregnancy status, or any other type of protected characteristic. Discrimination can start from the hiring process itself, where a job candidate may be rejected because they do not meet certain criteria that are unrelated to the job. In addition, workers may face discrimination in terms of wages and promotions.

Employers need to recognize potential discriminatory practices and address them immediately. Employers should also provide training sessions for staff members about the laws surrounding workplace discrimination, so everyone is aware of their rights and responsibilities under FEHA.

Employees should be encouraged to seek help if they feel they have experienced unfair treatment in the workplace due to discrimination. There are numerous legal remedies available to victims of workplace discrimination, so they must act as soon as possible.

In sum, workplace discrimination can have serious consequences and should be taken very seriously by employers and employees alike. Employers need to create a safe environment that fosters respect and supports diversity within their workforce.

Furthermore, there must be clear policies in place that outline the acceptable behavior of staff members and provide guidance on how to handle complaints of discrimination or harassment. Working together to eliminate any discriminatory practices in the workplace will ensure everyone is treated fairly and with dignity.

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Under FEHA, it is illegal for an employer or a co-worker to discriminate against an individual in the workplace under the protected categories featured, but not limited to:

• Race
• National Origin
• Disability
• Age
• Religion
• Sexual Orientation
• Sex or Gender
• Pregnancy
• Marital Status
• Veteran or Military Status

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In California, employers and employees are protected against discrimination based on any of the above-listed characteristics under the Fair Employment and Housing Act (FEHA). Though federal laws protecting individuals from discrimination exist, FEHA goes a step further by providing additional protections.

This includes harassment or a hostile work environment that is related to one’s race, sex, national origin, disability, or age. It also offers protection for employees who have been retaliated against for filing a complaint about such incidents.

Under FEHA, it is illegal for an employer to refuse to hire someone because of their membership in one of the protected classes. Additionally, employers cannot discriminate in terms of wages or other benefits due to an employee's membership in a protected class or retaliate against them for filing a discrimination claim. Finally, an employer may not create a hostile work environment for any employee due to their age, sex, race, or other protected characteristics.

These protections under FEHA are in place to ensure that employers and employees alike can feel confident that they will not be discriminated against while in the workplace. It is important to remember that if you have experienced discrimination of any kind at work, you have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH).

They can help you understand your rights and provide advice on how best to proceed. Ultimately, it is up to all of us as individuals to make sure we are aware of our rights and make sure they are being respected in the workplace.

Harassment

FEHA legally defines harassment as any unwanted behavior targeted against a protected class that is either pervasive or severe. Workplace harassment is illegal and can occur in two forms. The first is Quid Pro Quo harassment, which involves a supervisor or co-worker requesting sexual favors from an employee in exchange for a benefit or the absence of adverse working conditions.

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It is important to know that if the supervisor or co-worker does not follow through with the reward or threat, then a quid pro quo did not take place and the type of harassment will be categorized under the second from known as hostile work environment.

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The second type of workplace harassment is hostile work environment harassment. This occurs when unwelcome or offensive conduct creates an intimidating, hostile, or offensive work atmosphere. A tangible employment action doesn't need to be taken against the employee for this form of harassment to occur.

Hostile work environment harassment can include physical assault, stalking, verbal abuse, and other intimidating behavior such as jokes and comments about one’s race, gender, disability status, national origin, etc. The FEHA also considers it unlawful for employers to fail to take reasonable steps to prevent these types of behaviors from occurring in the workplace.

When evaluating whether the behavior has created a hostile work environment under the FEHA, courts will consider factors such as the frequency of the conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work performance.

If an employee has been subject to any form of harassment in the workplace, they need to have a thorough understanding of their rights under FEHA. An experienced employment attorney can help provide legal guidance and protect their interests.

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Retaliation

In California, there are certain guidelines that employers must follow when it comes to morale and workplace safety. If an employer retaliates against an employee by firing them or taking other negative action after the employee has exercised their rights under the law, then this is considered illegal retaliation. Retaliation can include termination, demotion, change in hours or shift assignments, transfer to a different position or geographic area, and/or more onerous duties than normal.

Employees need to be aware of their rights in the state of California so that they don't become victims of discrimination and harassment from their employers. If you feel like your employer has treated you unfairly through retaliatory measures, it may be wise to contact a lawyer who specializes in labor law to learn more about your rights in the workplace.

A lawyer can help you understand the legal remedies that may be available and how to proceed with filing a discrimination or wrongful termination suit. Don't wait until it's too late; take charge of your career and make sure you are protected from unfair treatment in the workplace.

Retaliation against employees is illegal, and California workers have the right to seek justice when their employers violate these laws. Don't let yourself become a victim of retaliation - stay informed about your rights so you can protect yourself. If you believe that you have been a victim of illegal retaliation at work, contact an experienced labor attorney as soon as possible for assistance. With their help, you can pursue justice if necessary and get the compensation you deserve.

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Situations that can lead to Retaliation Firing:

• Filing a claim of harassment or discrimination against a supervisor or co-worker. It is important to note that other employees listed as witnesses to the claims are also vulnerable to retaliation.
• Refusing to participate or reporting illegal activity.
• Requesting or taking medical or family leave
• Reporting lost wages
• Discussing unionizing with other employees
• Reporting or refusing to work in unsafe working conditions
• Participating in jury duty or appearing in court under a subpoena
• Filing for Worker's Compensation

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Retaliation firing is a form of workplace discrimination and wrongful termination. It occurs when an employer fires an employee in retaliation for the employee's protected activities or statements. Retaliation firing violates both state and federal laws, including Title VII of the Civil Rights Act and other anti-discrimination statutes.

Retaliation firings often occur after an employee has taken one of the following actions: filing a claim of harassment or discrimination against a supervisor or co-worker; refusing to participate in illegal activity; requesting or taking medical or family leave; reporting lost wages; discussing unionizing with other employees; reporting unsafe working conditions; participating in jury duty or appearing in court under a subpoena; and filing for workers' compensation.

Employers should be aware that retaliation firings are illegal and can result in serious penalties, including both criminal and civil liability. Employers must take steps to ensure that all employees are treated fairly and not discriminated against based on their protected activities or statements. Employers need to develop a policy that prohibits retaliation firings and investigates any claims of such discrimination promptly.

Employees who feel they have been unfairly retaliated against should seek legal advice to protect their rights and explore the possibility of filing a suit against their employer. An experienced attorney will be able to guide how best to proceed with a claim of wrongful termination due to retaliation firing.

Retaliation firings are a serious violation of the law and must be taken seriously by both employers and employees. Everyone needs to understand their rights and responsibilities when it comes to discrimination in the workplace, as ignorance of these laws can have serious consequences. By following the law and taking steps to protect against retaliation firing, workers can ensure they are treated fairly while on the job.

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What To Expect in a Wrongful Termination Settlement

Employees who believe they were wrongfully terminated may have a few different options to pursue. Depending on the circumstances, they can file a claim with their state’s labor department, contact an employment lawyer, or file a lawsuit in civil court.

When filing a wrongful termination claim, the employee needs to provide evidence that supports their case. This might include emails or memos from superiors that indicate discrimination or harassment, documents showing a breach of contract or company policy, or witness testimony from other employees who experienced similar mistreatment. Additionally, any kind of evidence that detail the events surrounding their termination could be valuable during this process.

In addition to gathering evidence, individuals who want to pursue wrongful termination claims should create a timeline of events that led to the termination. This timeline should include dates, times, and any other relevant details to help determine if there was cause for wrongful termination. Along with the evidence and personal testimony, this can be used in court or during settlement negotiations.

Ultimately, filing a wrongful termination claim is often a complex process that requires extensive research and preparation. With the right legal advice and support, however, it may be possible to successfully pursue justice against an employer who wrongfully terminated someone from their job.

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