Oakdale Wrongful Termination Lawyers

Oakdale Wrongful Termination lawyer, CA

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When is a Job Termination Considered Wrongful in California?

In California, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. The only general exception in "at-will" employment arrangements is that the termination may not be done for reasons which violate the law.

Employment that does not fall into the category of "at will" is not subject to the same restrictions. Thus, it is critical that you identify what type of employment arrangement you are involved in. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.

What are the Illegal Grounds for Terminating At Will Employment in California?

The most common illegal ground for terminating a California employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. Oakdale employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.

Moreover, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.

Do I Need a California Attorney for My Wrongful Termination Case?

A local Oakdale, California attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.

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