As you may know, in most cases, companies must abide by specific laws regarding letting a worker go. Unfortunately, some don’t play by these rules. Wrongful terminations are against the law wherever you are in the U.S., including California. Being wrongfully terminated can mean qualifying for obtaining damages from lost earnings, job search costs, pain, and suffering.
Melmed Law is an experienced team of wrongful termination lawyers in California. We’ve provided extensive legal representation to employees who unlawfully lost their jobs. Protect yourself by letting Melmed Law walk you through wrongful termination laws.
What Are Rights and Protections?
Before our team of lawyers for wrongful terminations dives deeply into laws, we want to provide you with some basics. Rights and protections are two essential words that go hand in hand.Employees have rights that dictate what employers can and can’t do. These include the right to:
- Fair wages
- A safe workplace
- Never enduring harassment
- Not being discriminated against
Protections help ensure that rights are enforced and detail the legal options someone has after their rights are violated.
Examples of protections provided by wrongful termination laws include:
- Being exempt from losing their job due to reporting illegal company activities
- Receiving unemployment compensation if wrongfully terminated
- Having protection against employer retaliation
Federal Laws Protecting Employees From Illegal Firings
At this point, you have a basic understanding of workers’ rights and protections. Now, it’s time to delve into specific wrongful termination laws. First, you’ll learn about federal regulations. These historic measures safeguard workers throughout the United States.The Civil Rights Act of 1964
The Civil Rights Act of 1964 remains a landmark piece of legislation regarding wrongful termination. Specifically, Title VII of this act discusses employment and unjust dismissals.Title VII prevents an employer from terminating an employee based on this individual’s:
- Race
- Religion
- Sex
- Color
- National origin
This notable act was also the first to provide legal protections for employees who report discrimination or participate in an investigation, making it a cornerstone for wrongful termination lawyers and their cases.
Family and Medical Leave Act (FMLA)
Life comes with unexpected situations. Sometimes, these issues involve family, medical problems, or both. Thankfully, many employees are eligible for up to 12 weeks of leave without losing their jobs under a vital aspect of wrongful termination law, FMLA.This legislation utilizes laws protecting employees who:
- Will soon give birth to or is adopting a child
- Provide care for a loved one with serious health issues
- Has a severe condition preventing them from working
- I have to leave due to a military deployment
The Worker Adjustment and Retraining Notification (WARN) Act
Not all illegal firings involve one or even a few individuals. As we’re sure you’ve likely seen or heard, mass layoffs are sad realities in the business world. The WARN Act is a helpful wrongful termination law offering protection for soon-to-be let-go employees.This act became law in 1988. It requires companies to give affected employees at least 60 calendar days' written notice of a future layoff, business closing, or similar event.
As with the previously mentioned laws, this act has additional eligibility terms for employers and employees. Speaking with a wrongful termination lawyer can clear up confusion regarding your status as a protected employee.
California State, Wrongful Termination Laws, Protecting Employees
Depending on where you live, additional state-level protections are possible. Thankfully, California leads the way in additional rights for hard-working adults.
The Fair Housing and Employment Act (FHEA)
This act is exclusive to the Golden State. It protects this state’s workers from termination based on specific characteristics protected by law.FHEA-protected characteristics include, but aren’t limited to:
- Pregnancy
- Sexual orientation
- Age (typically applying to employees 40 or older)
- Religious beliefs
- Gender identity and expression
- Marital status
Wrongful termination attorneys in California often utilize this vital law. Contact Melmed Law for help understanding how this act may pertain to your case.
California Labor Code Section 1102.5
This vital wrongful termination law provides protections for whistleblowers in California. These employees report safety violations, illegal activities, or unethical situations to the proper authorities.This vital labor code protects employees when they believe a company violates state or federal regulations and statutes. It also safeguards workers who report unsafe working conditions. Employees can also qualify as whistleblower if they refuse to participate in work-related activities in violation of one or more state or federal laws.
Some companies falsely believe they can get away with illegally letting people go. That’s not true. Schedule your free consultation with Melmed Law. We’re a team of wrongful termination attorneys in California. We maintain a deep understanding of California’s laws. We’ll help you understand which ones apply to your case.
The Exceptions of At-Will Employment
Forty-nine states, including California, are at-employment states. At-will states let workers or employers end working arrangements whenever either side wants to. That can sound understandably rejecting to someone who was recently wrongfully terminated. But there’s hope.Thankfully, as our team of wrongful termination attorneys in California knows, unjust dismissals can happen within at-will employment states. We can utilize our deep understanding of wrongful termination laws to find out if you were let go unlawfully.
Why Hire a Wrongful Termination Lawyer?
Legal matters can get complex. If you were unfairly let go from your job, a lawyer for wrongful termination may be able to help. These legal professionals can assist in many ways, including:
- Understanding wrongful termination laws
- Negotiating on your behalf
- Ensuring you complete paperwork accurately
- Gathering evidence
- Submitting documents on time
Were you or someone you know fired unjustly? Contact the experienced and knowledgeable wrongful termination lawyers at Melmed Law today. Your free consultation lets us learn more about your incident. To schedule a free consultation, contact us today.