What is a Wrongful Termination?

1. What is a Wrongful Termination?

2. In California, employees without an employment contract setting forth the specific reasons as to why they can be terminated are presumed to be “at-will” employees. An “at-will” employee can be terminated at any time and for any reason, so long as the reason is not an illegal one. For instance, it may not be fair or even a good business decision, but an employer may legally terminate an employee in California for having a tattoo, talking too loud, or even being one minute late to work. Those sorts of terminations may be considered unfair in the traditional sense but would not qualify as an illegal “wrongful termination” under California employment law.

3. Protected Characteristics First, it is illegal for an employer to terminate, harass, or discriminate against an employee based on the employee’s “protected characteristics.” Let’s break this down. A “protected characteristic” includes an employee’s Disability or medical condition Marital status Veteran/military status Gender identity or gender expression ● ● ● ● Gender, Age Race, color national origin Pregnancy Religion ● ● ● ●

4. Protected Activities Second, an employer cannot terminate, harass, or discriminate against an employee in retaliation for the employee engaging in a “protected activity.” A protected activity can be a number of things, including: Complaining about being harassed, discriminated against, or retaliated against due to a ❏ protected characteristic Discussing or discussing wages or compensation with co-workers ❏ Complaining about not being paid wages properly under the law, such as complaining ❏ about missing overtime pay or missing meal/rest breaks Complaining about workplace safety and conditions ❏ 4

5. Complaining or advocating for patient safety and care ❏ Taking medical leave protected by the California Family Rights Act or the ❏ federal Family Medical Leave Act (CFRA/FMLA) Taking time off for jury duty ❏ Engaging in political activity of the employee’s choice on the employee’s own ❏ time

6. Whistleblowers Complaining or advocating for patient safety and care ❏ Taking medical leave protected by the California Family Rights ❏ Act or the federal Family Medical Leave Act (CFRA/FMLA) Taking time off for jury duty ❏ Engaging in political activity of the employee’s choice on the ❏ employee’s own time

7. Keep in mind that it is nearly always the case that an employer will claim the reason was a legitimate one (such as downsizing or the employee’s performance). However, the Los Angeles wrongful termination lawyers representing employees win cases by proving that the employer’s reason was really a lie to cover the true illegal reason for the firing. This can be achieved in a number of ways, such as showing that other employees who do not have the protected characteristic were subjected to better treatment or that the termination occurred shortly after the employee engaged in a protected activity.

8. Hire an Hire an Attorney Attorney! ! Azadian Law Group, PC 453 S. Spring St., Suite 738, Los Angeles, California 90013 Phone: 213-229-9031 https://azadianlawgroup.com/contact-us/

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