Anticouni & Ricotta | Leaders In Employment Litigation Serving Clients Throughout California.

What you need to know before filing a wrongful discharge suit

On Behalf of | Oct 31, 2018 | Wrongful Termination |

California is an “at will” state. This means you can quit, or your employment terminated for any reason or no reason at all. However, if you believe you were fired or forced to resign as retaliation, in a manner that violates contractual obligations or anti-discrimination laws, it is illegal. At Anticouni & Ricotta, we have experience representing clients who have been wrongfully terminated.

According to FindLaw, terminations due to violations of common law are exceptions to at-will employment. Three primary common law exceptions include the following:

Implied Contracts

This is in effect, regardless of whether a written employment contract exists. If an employer offers representation in any way, regarding disciplinary actions or job security and then terminates your employment, this may be a breach of contract.

Covenant of Good Faith and Fair Dealing

California is among the few states that recognize is common law. Firing an employee without just cause, in bad faith or as a result of hostility is illegal.

Public Policy

By law, employers must uphold the public policy of the state. Terminating employment in a manner that violates state laws, statutes or the state constitution is against the law.

The court considers several factors when ruling on a wrongful termination suit. They examine the company’s personnel policies for violations, review the length of employment at the organization and performance reports. They also deliberate on whether expectations of job security were provided and if the employer met basic notions of fairness.

Addressing and documenting common law exceptions can be a complex, time-consuming process. Visit our webpage for more information on this topic.

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