When is a Job Termination Considered Wrongful in California?
In California, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. The only basic 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. Therefore, it is important 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 can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in California?
In the state of California, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer also may not fire an at-will employee in retaliation for the employee prompting an investigation into discrimination or filing a legal claim of discrimination against the Sacramento employer.
Further, 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. Finally, employers are prevented from firing 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?
Attorneys in Sacramento, California may be able to inform you as to whether a wrongful termination has occurred, and can assist you in preparing the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.
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Life in Sacramento
Sacramento is the capitol of the State of California, seat of Sacramento County, and still only ranks as the 6th largest city in the state. Cited as one of the most ethnically and racially integrated communities in the United States by Time Magazine, Sacramento plays host to a wide variety of public, private, and religious K-8 schools. California State University Sacramento, University of California Davis, and The Art Institute are just a few of the options residents have for higher education. In addition there are a number of other private, public, vocational, and community colleges in the area. The top employer in Sacramento remains the State of California. The California State Capitol Building was erected in 1874 and is reminiscent of the U.S. Capitol Building. "The Big Four" who included Mark Hopkins (of the Hotels), Charles Crocker (local Mansion/Art Museum and Rail tycoon), Leland Stanford (tycoon, industrialist, the university), and finally Collis P. Huntington (another Transcontinental Railroad tycoon) financed the construction of the Capitol Building out of pocket.Sacramento has a number of outstanding museums and tourist amenities like the Crocker Art Museum, a local NBA team, a historic Old Town District, and the western terminus of the Pony Express which is Sutter's Fort. the Fort was erected in 1839 and is most famous for its association with the Donner Party and Sutter's Mill where gold was first found. Aside from the historical, Sacramento is host of the major courts in the area including the California State Supreme Court, Sacramento County and City Courts, and other Federal run courts. These buildings are largely located in Downtown Sacramento but serve the entire Central Valley.
