The State of California follows the “At-will” doctrine of law when it comes to employment. In these kinds of employment, either an employer or employee can terminate the relationship between each other at any given time without the need for any sort advance warning. In the termination of such relationship, either of the parties do not have no subsequent liability at all, given that no contract exists that could prevent such.
Implied-in-law contracts in the covenant
California is one of the only eleven states in the country that recognizes a breach of an implied contract of good a faith and fair dealing that serves as an exception to at-will employment. This makes the at-will doctrine implemented in the state quite different from the others. Such exception weaves in a covenant of good faith and fairness in dealing with every employment relationship between an employer and an employee. Through this, terminations based on malice or done in bad faith are prohibited.
Statutory exceptions under California’s at-will employment
According to a Los Angeles wrongful termination attorneys, California’s labor laws prevent employers from firing an employee for refusing to commit illegal acts, based on family or medical leaves, not following own termination procedures, and discrimination. Other statutes that help prevent wrongful termination in the state like the following:
- Equal Pay Act. This statute prohibits pay discrimination based on one’s sex.
- Title VII of the Civil Rights Act of 1964. This statute prevents Religious Discrimination, Religious Discrimination , Sex / Gender Discrimination, Age Discrimination, and National Origin
- Age Discrimination in Employment Act of 1967. This prevents the discrimination and harassment of people aged 40 and older in the workplace.
- Americans with Disabilities Act of 1990. This law makes sure that people with disabilities are given reasonable accommodation and are not being discriminated and harassed because of their disabilities.
- National Labor Relations Act. This provides protection to employees who want to join or form a union or engage in different union activities.
- Whistle-blowing laws. Under these laws, employers cannot retaliate against employees who engage or participate in a legal investigation resulting from a case filed against them.
The state of Wrongful termination in Los Angeles
Being a victim of wrongful termination can really be hard. Losing your job, you’d have problems with trying to make both ends meet. However, despite the many given protection for employees in Los Angeles and the whole of California, there are still a lot of cases filed against these offenses. The various government agencies in the state have been coming up with many measures and campaigns to help lessen or prevent the occurrence of such abuses.
What to do when you get wrongfully terminated from your work?
It’s not every day that one gets wrongfully terminated and moving on from this very difficult chapter in your life is not a very easy process at all. And so to help you get over this very difficult process, here are some tips that can help you deal with wrongful termination.
- Secure all pieces of evidence like documents and witness testimonials that can help you prove that you were indeed wrongfully terminated.
- File a wrongful termination complaint. Ask the help of a top California Wrongful Termination Attorney who has great depth of knowledge of the many labor and employment laws in the state. This way, you’d be able to file a strong case that can help you win the case.
- Cooperate with your lawyer. The best way to get a favorable result for your claim is to do what your employment attorney advises you to do. By doing this, you are making your case easier to pursue and to win.
Getting justice for being wrongfully terminated from your job should be easy. Just get the services and trust a Top Wrongful Termination Lawyer and you will have more chances of winning your claims, making those responsible for your pain and suffering accountable for their actions.