California Employment Law
California Employment Law Questions Answered by Legal Experts
California is an at will employment state. This means that your employer is allowed to terminate your employment for any reason that does not violate your civil rights or is in breach of contract.Thus, if you are a union employee, or if you have an employment contract that says you must be fired for cause, then you might have legal recourse against them for terminating you because you were doing what you were told you were allowed to do.Additionally, if you believe the reason that you were terminated could be related to a protected category, such as your age (40 or older), gender, race, religion, national origin, creed, or disability then the termination would be deemed wrongful and you would have a cause of action.Other types of termination, even if wrong, are still legal. As a consequence the only potential remaining option that you can pursue would be to file for unemployment benefits and claim, quite rightly, that you were terminated 'without cause', and seek unemployment benefits. You would not be able to seek damages but you would be able to contest the termination as being ultimately invalid.You also could try to set up a meeting with your supervisor and explain in a calm and positive manner that you really like your job, really like working there, and wonder if there is any way that they could allow you to continue your employment there. Keep in mind that there are many laws that companies constantly breach such as not giving proper meal and rest breaks, or not paying for overtime wages. Accordingly, they may decide to just keep you to avoid a potential lawsuit.That being said, if you decide that it is possible that they are firing you because of a protected category, then you may want to file a complaint with the EEOC or talk to an employment attorney in your area.There are many employment attorneys who would take this kind of case, however, the terms of service do not let us point you to any one lawyer in particular. That being said, if you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.Good Luck!It has been my pleasure to assist you today. I hope I have provided you excellent service. Kindly remember to rate my answer only when you are fully satisfied. If you feel the need to rate my service as either “Bad” or “Poor”, please stop and use the REPLY TO EXPERT to keep talking. I am happy to assist you with whatever issue or clarification you may need and will take the time to explain any concern to your satisfaction. If you feel that I am unable to do so, please ask me to have another expert assist me and I will opt out immediately so that you receive the best possible service. Please remember that I cannot control whether the law is favorable to you or not, so please do not jump to a rating before you ask any questions you may have. I do not know what you may already know or with that you need help with unless you tell me.I wish you the best in 2012. After fully reading the answer, please remember to press the smiley faces/stars on the right of your screen when we are finishing with our communication so I will be credited for my time in assisting you. Have a wonderful rest of your day.
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