Rancho Santa Margarita Wrongful Termination Lawyers

Rancho Santa Margarita 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 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 crucial 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?

The most common illegal ground for terminating a California employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. A Rancho Santa Margarita employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.

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

Local Rancho Santa Margarita, California lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.

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