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Wrongful Termination Archives

What you need to know before filing a wrongful discharge suit

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 & Associates, we have experience representing clients who have been wrongfully terminated.

Were you retaliated against and lost your job?

Workers in California have specific rights that protect them from getting fired or being punished for asserting certain rights against discrimination or unsafe conditions. If you lost your job because you stood up to your employer, or your work conditions have changed as a result, you can take legal action.

Wrongful termination during a pregnancy

When someone loses their position in a way which violates employment law, they may struggle to move forward in life, regardless of their circumstances. From financial problems to a shattered career, this is a matter that must be taken seriously. For some people, however, wrongful termination can be especially challenging. Consider someone who is pregnant and finds out that their job has been brought to an end as a result of their pregnancy, even though they are fully qualified to carry out their job duties. This is just one example of the challenges some people face in the workplace.

How do you pay bills if you lost your job?

Most workers in California depend on their paychecks to pay for living expenses and other bills. Many workers are considered to be at-will employees, which means they can be terminated for any reason at any time. If you have lost your job, and you were not at fault for the termination, you may be eligible for unemployment benefits. This money is available for a certain amount of time to help you stay afloat while you look for different employment.

Is a wrongful termination case possible in an at-will state?

You may be quite familiar with the concept of at-will employment, in which either an employer or employee may terminate employment at any time, for any reason and without prior notice. You may also be aware that California is an at-will state, but one with strong protections for public and private employees under the California Fair Employment and Housing Act. So how does the law apply to wrongful termination cases, when at-will employment seems to allow employers to fire for discriminatory reasons?

Do "at-will" laws also apply to employees in California?

You have likely heard of at-will employment laws, or laws that allow employers to terminate employees at will at any time and for any reason without opening themselves to legal retaliation, even if that does not protect them from suits for discrimination or other acts of wrongful termination. But does the at-will clause also protect an employee and allow them to leave an employer at any time and for any reason?

California's unique laws regarding employee termination

While facing the possible of wrongful termination in any state is a difficult matter, the state of California takes a significantly different approach to monitoring and enforcement of the typical at-will employment clauses employed by most states. While there exists overarching federal law regarding employee termination, employee protections, and at-will employment, California's special cases have gained it the reputation of one of the most employee-friendly states in the United States.

Exceptions to at-will employment

Many workers in California assume when they are hired that they are guaranteed employment unless they screw up or do something wrong to justify being terminated. The truth is the majority of employees in the state are hired on an at-will basis, which means the employer can terminate employment at any time and for any reason.

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Anticouni & Associates
201 N. Calle Cesar Chavez
Suite 105
Santa Barbara, CA 93103

Phone: 805-699-5968
Phone: 805-845-0864
Fax: 805-845-0965
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