Workplace retaliation, while unfair and stressful for an employee, can be difficult to protect against. The important thing to know is that while the law can’t prevent employers from retaliating against their employees, it can offer restitution should you fall victim to retaliation.

Knowing how to look out for workplace retaliation can help you seek restitution a. Retaliation can come in many forms and can be the result of several different types of issues reported.

Oftentimes the employee will first report issues such as sexual harassment, unsafe working conditions, workers compensation claims, another employee breaking company policy or even broken laws. These employees can also be known as Whistleblowers. Most commonly, discrimination is reported as it relates to an employee’s age, race, gender, sexual orientation, religion, or disability.

As unfortunate as retaliation is, it can be administered in many different ways. Employers have been known to cut hours or pay, pass employees over for promotions, place people on unpaid administrative leave, and even terminate employment. Termination in retaliation for reporting any of the previously mentioned issues would likely be considered a wrongful termination.

It’s also interesting to note that even though there might only be one person, perhaps your manager, giving you a hard time or retaliating against you, under the law the company is still liable for that person’s actions. In 1998, the California Supreme Court ruled that individual managers and supervisors can’t be held personally liable for retaliation. However, the California Fair Employment and Housing Act says that it is unlawful for “any employer, labor organization, employment agency or person” to engage in retaliation.

If you have recently reported some type of illegal or improper activity within the company and your working environment or conditions have been adversely affected, you should seek counsel of an experienced San Francisco labor law attorney. An experienced attorney can help you understand the legal aspects of your situation as well as offer guidance in seeking recompense.

Call us today (415) 230-2755 to learn more about fighting workplace retaliation.

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California law has clearly outlined the reasons for which termination of an individual’s employment is lawful and unlawful. People often lose their jobs by being fired at any time or for various reasons, however, if they feel their firing was unlawful, employees have the power to sue.

What are some unlawful reasons for firing an employee?

1. Discrimination.
All employees have a right to employment regardless of their identity. Thus, if one is fired for any reason such as gender, sex, race, religion, or age, their termination can be considered unlawful. In addition, medical issues such as pregnancy or disability are not justifiable reasons to fire an employee, as they too are considered forms of discrimination.

2. Refusing to take a lie detector test.
If one refuses to take a lie detector test then they should not be fired. This is because each employee has a right to accept or deny the test whether guilty or not. If fired for refusing to take the test, then one can sue the employer.

3.  Violation of public policy.
An employer cannot fire an employee for ethically or morally wrong claims. For example, one cannot and should not be fired for refusing to commit illegal acts like lying to auditors or making false insurance claims.

4.  Retaliation.
Employees should also not be fired for complaining about wages or exercising their legal right such as voting or wanting to take some time off on leave. If an employee wishes to retaliate or go on strike due to a change in their rights, they may not be fired for doing so.

As an employer, should I contact a lawyer?

Employers are advised to consult a lawyer in order to draw up a contract that highlights the process of termination within their workplace. By doing so, the employer may inform their employees of both lawful and unlawful reasons for which they may be fired, so no employee is uninformed.

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You got a job, you have worked very hard, and you are living the dream -and then, seemingly out of the blue, you get a notice that your employment contract has been terminated. Whether you are given enough time to transition out of your job or maybe you are immediately walked to a parking garage with the box of your belongings, losing a job is regarded one of the most stressful experiences in life.
Currently, California is an at-will employment state. Therefore, an employer in this state can fire his or her employee at any moment or for any legal reason. However, despite this fact, there are times when firing an employee (or terminating his or her contract) will violate the law and the rights of an employee.
If you have been fired from your job, how do you determine if the termination was lawful or illegal (referred to as wrongful termination)? To help you answer this crucial question, we’ll uncover major signs of wrongful termination, so you’re aware of your rights as an employee in California -and so that you understand when it is necessary to fight back and hold your employer responsible for violating your rights.

You were discriminated against
Similar anti-discrimination laws which protect you during your hiring process protect you from being fired as well. Employers can’t fire an employee due to their gender, race, sexual orientation, disability, age (if over 40), or even national origin.
In many states, you also can’t be fired because of your pregnancy, marital status, or military affiliation. If any of these genetic or personal features acts the basis for the firing, again, you will possibly have a wrongful termination case against your employer.

Your employer made you a particular promise about your employment term
While employers do not have to have a particular reason for firing their employees in at-will employment states like in California, such firings can’t violate the terms of any existing employment contract.
For example, let us say an employee and his or her employer have a contract for a particular duration of employment. In case the firing violates this specific contract (because an employee was fired prior to the end of the period stated in the contract), it’ll possibly constitute a wrongful termination case (as long as an employee didn’t violate some other terms of that contract which could have led to firing).

You were fired after declining to do something unlawful
In some instances, employers may request their employees to conduct illegal businesses on their behalf. If employees decline to carry out these illegal acts and are eventually fired for their refusals, again, they’ll possibly have a wrongful termination case.

You were fired for exercising your rights as an employee
Employees have the rights to report an employer’s alleged illegal actions or the regulatory violations to the proper authorities. Moreover, employers have the right to request considerable disability accommodations (when necessary), take paid time off and expect to work in a safe environment.
When employees are fired for exercising these rights, they’ll possibly have been the targets of wrongful termination.
Have you been wrongfully fired by an employer? If so, then you can seek help from an experienced lawyer at the United Employees Law Group for effective legal advocacy in your pursuit of justice.

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The post Signs You Were Illegally Fired From Your Job (Wrongful Termination) appeared first on UELG.

Wrongful termination California means that employees in the state of California have been laid off or fired for reasons which violate the legal rights that are meant to protect employees. Basically, if wrongful termination statute is violated when an employer is laying off or firing an employee, the law of the state of California allows the employee to file a wrongful termination lawsuit against his/ her employer. This write- up will give you what you need to know about California employment law and how you can benefit by utilizing what it offers.

What Does the California Employment Law State?

California labor laws is a sub- branch of the California employment law and it is meant to cover employees working in different firms or business premises in that state of California. DFEH i.e. Department of Fair Employment and Housing is an organization of the state of California that is responsible for investigating various allegations associated with discrimination of workers in their working environment. Before filing a lawsuit about wrongful termination, the state will require you to file a complaint with the department of EEOC i.e. Equal Employment Opportunity Commission or with the DFEH, i.e. the federal organizations that are meant to investigate employment complaints.

What you Need to Know About California Employment Law if you are an Independent Contractor

The law that protects the jobs of different employees in California does not apply to an independent contractor. However, the law has come out with measures that limit employers to easily classify employers as independent contractors. Basically, the law states that the determination of whether a person is an independent contractor should be based on how the employee is being treated by his/ her employer(s).

The law state that when determining whether workers are independent contractors, employers should examine whether the workers have got control over their own work techniques and if the workers are paid by the tasks they specifically entitled to perform.

Situations Whereby it is Wrong to Terminate an Employee According to California Employment law

* When an employee is having physical disabilities

* When pregnant

* Due to age purposes

* As a result of political affiliation

* Sexual orientation i.e. if an employee is bi- sexual, homosexual, etc.

Last, but definitely not the least, if you’re an employee in any California based company or business, these are a few of the facts you need to know about wrongful termination California. For more information about California employment law and how you can benefit by making use of what it indicates, ensure that you click this website i.e. http://www.california-labor-law-attorney.com/. Thank you.

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If your employer fires you because of any reason which is against your legal rights, then you can file a wrongful termination claim against him. California is an “at-will” state, which means that your employer can fire you without giving any reasons. However, there are a few situations, where firing of an employee will be considered illegal.

If you were fired because of any of the following reasons, then you can sue your employer.

1. Contract claims: If you have signed a contract with your employer, that guarantees you employment up to a specific period of time, then your employer is bound to follow the contract. If he violates any of the provisions and decides to fire you, then you will have a strong case against him. It is not necessary that it should be a written contract. It can also be an oral one.2. Discrimination Claims: As per the California Law, employers cannot discriminate between employees on some specific grounds. These grounds include race, age , sex , disability and many other conditions. A pregnant women also cannot be fired because of her pregnancy. Hence, in case your employer fired you on the basis of any one of the above grounds, then you should definitely consider filing a suit against him.3. Retaliation Claim: You cannot be fired just for trying to enforce your employment rights. For example, your employer cannot fire you, if you complain about certain things like additional office hours or improper payment of wages.4. Public Policy Violation Claims: If your employer asks you to do some illegal activity and you refuse, then you cannot be fired. For example, you may be asked to lie to an auditor. However, this is against the public policy. By refusing, you are actually preventing the occurrence of an illegal act. Hence, the law will protect you in this case.

   5. Other Claims: There are also other situations where you can file a wrongful termination claim. For example, if you were sacked after being sexually harassed by your manager, then you can sue him.

   How to proceed with the case: If you think that you were illegally fired, then you should consult a lawyer and proceed with the case. You will need to gather all important evidence like your employment contract. It is advisable that you act fast without wasting any time. A lawyer will be able to guide you through the entire case and also negotiate a nice severance package. United Employees Law Group can help you out in this regard.

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