| | | | | employer. It can also be modified if the company |
| At the on set, an employment issue may be | | | | did not follow its policy on progressive discipline |
| easy to handle and resolve. As the process goes | | | | contained in the employment handbook. Their |
| on, you will come to a realization that you cannot | | | | existence means that the employment relationship |
| do it by yourself especially when the issue | | | | has been modified so that an employer could be |
| involves termination. | | | | required to establish "good cause" prior to |
| | | | | terminating an employee. |
| If you have been wrongfully terminated, it will be | | | | As the individual facts and circumstances are |
| an unwise idea to deal with your employer alone | | | | considered in a termination claims, it is important |
| and agree on something without any legal aid. | | | | that the employee keep copies of any appointing |
| | | | | letters, employee handbooks or manuals and |
| Remember that your employer has on its side | | | | performance review so that the assessing |
| expert termination attorneys who will make | | | | attorney can better evaluate the facts |
| everything possible to defeat your claim or give | | | | surrounding your case. |
| you less. At this stage, you need a termination | | | | |
| laws attorney. | | | | Two Branches of Wrongful Termination Law |
| | | | | |
| Laws on wrongful termination vary on every | | | | 1. Wrongful termination in violation of public policy |
| state. The appreciation of the facts and | | | | |
| circumstances of each case also differ. Like the | | | | This aspect of law provides the terminated |
| laws of California on wrongful termination is | | | | individual with a cause of action against the |
| different from that of New York or Alaska. | | | | employer based on strong public policy. Examples |
| | | | | of this include: |
| Wrongful Termination under California Law | | | | |
| | | | | · Anti-discrimination laws |
| Wrongful termination means at its broadest, as | | | | |
| any illegal termination under state or federal law. | | | | · Whistle-blower protection laws |
| In its narrowest use, it means that which violates | | | | |
| California’s “public policy”. It | | | | · Miscellaneous laws |
| also means that which courts have ruled as based | | | | |
| on illegal grounds. | | | | The first two categories are self-explanatory. On |
| | | | | the other hand, miscellaneous laws include, but not |
| The California courts have expanded the above | | | | limited to, the following: |
| definition to include termination that is caused by: | | | | |
| | | | | · California Family Rights Act which |
| 1. refusal to do something illegal; | | | | provides time off for serious health condition of |
| | | | | the employee or a family member |
| 1. doing something which the California or federal | | | | |
| law gives you the right to do; | | | | · Pregnancy Discrimination Act which |
| | | | | provides for time off for childbirth, and |
| 1. complaints on work related matters; | | | | |
| | | | | · Other Labor Code sections that |
| 1. complaints to a third party about your | | | | provide for time off for jury duty, for |
| employer; | | | | breast-feeding infants, for parents to visit their |
| | | | | children’s schools. |
| 1. reasons that just do not “feel” | | | | |
| right; or | | | | Wrongful termination for “breach of |
| | | | | implied contract” |
| 1. reasons used to “cover up” | | | | |
| another reason | | | | The “at will” employee, in using this |
| | | | | ground, must prove several factors such as |
| In California, wrongful termination is often difficult | | | | employer’s consistent practice of |
| to prove. Unless and until an employee is hired | | | | progressive discipline and termination only |
| pursuant to a union contract or an individual | | | | “for cause”; length of employment; |
| employment contract, the employer-employee | | | | history of steady promotions and raises and |
| relationship is considered to be "at will." | | | | employer’s violation of its own internal |
| | | | | rules and procedures. |
| However, the "at will" relationship can be modified | | | | |
| either verbally or through custom or practice. | | | | In terminating employees, employers in California |
| | | | | must observe the substantial as well as procedural |
| These modifications can be made through | | | | aspects of the law. Otherwise, it will result to |
| assurances for continued employment made by | | | | wrongful termination. |