Terminating your employment with an employer can be difficult, not only because you’ll have to find new work but also because you may fear retaliation from your former employer. Fortunately, California protects employees from retaliation by their employers for exercising their rights in good faith.
It is important to understand the laws that protect employees in California, especially regarding job termination. After reading this article, you’ll learn what rights employers need to follow when they terminate an employee’s employment.
When can an employer terminate a California employee?
There are a few circumstances under which an employer can terminate a California employee. These include when the employee has committed an illegal act, when the employee is not performing up to standards, or when the company is going through a downsizing or restructuring process.
Generally, an employer must have a good reason for terminating an employee and follow the proper procedures. Employees who feel they have been wrongfully terminated may have grounds for a lawsuit.
Your Rights When Your Employment Is Terminated in California
You may wonder about your rights if you’ve been wrongfully terminated from your job in California. Unfortunately, there is no one-size-fits-all answer to this question, as the answer will vary depending on the circumstances of your termination. However, you should know some general things about your rights when you’re terminated from your job in California.
First and foremost, you should know that it is illegal for an employer to terminate you for an unlawful reason. This includes terminating you based on your race, color, religion, sex, national origin, disability, or other protected characteristic. If you believe you’ve been wrongfully terminated for one of these reasons, you may have a claim against your employer.
Additionally, if you’ve been employed for a certain time, you may be entitled to particular severance pay or other benefits when terminated. The details of these benefits will vary depending on your employment agreement and the policies of your particular company. However, it’s important to be aware that these benefits may be available to you so that you can negotiate for them if necessary.
Finally, it’s important to know that even if you don’t have a claim against your employer for wrongful termination, you may still have a claim against your employer for other reasons.
What are the employee’s rights to be paid and have a written notice?
According to California law, employees terminated from their job are entitled to be paid all their wages and must be given written notice of the termination. The notice must state the date of the termination and the reason for it. If the employee is not given written notice, they may be able to file a claim with the labor commissioner.
Sources of Employee Rights
There are numerous sources of employee rights in California. These include, but are not limited to, the following:
- The California Constitution
- The Fair Employment and Housing Act
- The Labor Code
- The National Labor Relations Act
- Other federal and state laws
Each of these sources provides employees with different rights. For example, the Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate against employees based on certain protected characteristics. The Labor Code, on the other hand, sets forth the minimum wage that must be paid to employees and establishes rules regarding overtime pay.
Employees who have been wrongfully terminated from their jobs may have claims under one or more of these sources of law. If you are terminated, you must consult an experienced employment attorney to determine your rights and whether you have a claim.
Where To Get Help for Unlawful Terminations
If you think you’ve been unlawfully terminated from your job in California, there are a few places you can turn to for help. The first step is to contact an employment law attorney with in-depth knowledge of California employee laws to evaluate your case and advise you of your legal options.
Many state and federal agencies handle complaints of unlawful termination, such as the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH). These agencies can investigate your claim and take action against your employer if they find evidence of wrongdoing.
Finally, you can file a lawsuit against your employer in civil court. If you win, you may be awarded damages such as lost wages and reinstatement to your job.
California employees have certain rights after job termination. These include the right to receive their final paycheck within 72 hours, unemployment benefits, and the right to file a wrongful termination claim if they believe they were fired unlawfully. You must know your rights to act if you have been recently terminated.
