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?
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. A Santa Clara 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.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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 Santa Clara, 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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They were amazing got me a settlement kept in contact with me
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Christopher Taylor was able to clarify some points regarding an employment situation that was troubling me. He helped me understand the big picture in clear, concise terms so that I could move forward with confidence in making an informed decision in my best interests. Christopher genuinely loves his work and shows compassion for his clients' legal concerns. I would highly recommend Christopher to anyone facing an employment or wrongful termination issue. Thank you.
Linda Rosa
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Mr. Taylor was very quick in communicating, took time to understand what I was looking for and trying to accomplish, patient with my unfamiliarity with the law, and very honest in what I needed to do and what I could expect. He was a pleasure to work with, and should I find myself in need of his services again, I would not hesitate to contact him. I highly recommend Christopher Taylor.
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Christopher Taylor went above and beyond for me in My wrongful termination case. Christopher Taylor will do whatever it takes to become successful in anyone's case. Christopher is very professional, competent,and a Expertise in wrongful termination cases. As a client, i was very satisfied for the justice that i got in defeating my former employer with Christopher's help. I would recommend Christopher Taylor to anyone that wants a lawyer that will fight for you till you're successful and satisfied.
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Thank you for all your hard work on bringing to light the facts of my case.