Wrongful Termination Q&A
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Am I protected from wrongful termination under federal law and state law?
Yes, you are protected under both federal law and California state law. Applicable federal law is Title VII of the Civil Rights Act. California state law is covered under the Labor Code, Fair Employment Housing Act (FEHA) and the California Constitution. All employment claims should be brought under California state law since California state law offers far better protection.
What is considered wrongful termination in California?
Wrongful termination means that you were terminated for illegal reasons.
What are examples of illegal reasons?
If you were fired due to your status in a protected class, your termination was illegal. Protected classes include:
What are other examples of illegal reasons?
If one has complained about discrimination, harassment based on discrimination, failure to comply with wage and hour laws, safe working conditions, breach of an employment agreement or other legal rights. Complaining about these things makes an employee exempt from retaliation, or adverse employment actions.
What is the statute of limitation to claim for wrongful termination?
Generally, there is a three-year statute of limitation from the date of termination.
I have filed a claim and received a right to sue from FEHA. What does that mean?
It means that you can file a claim in court. It does not mean that the FEHA believes that you have a valid claim.
What does it mean that California is an “at will” state?
It means that any employer can fire you at will without notice or a reason unless you are a member of a union or have an employment agreement. However, the firing cannot be for any illegal reasons.
Can my employer fire me because he does not like me?
Yes, unless the reason he does not like you is that of any illegal reasons—for example, your race, sex, nationality, disability or age.
What evidence do I have to have to win my case?
Each case is different. I will personally discuss with you the facts of your case, what additional facts we need to find, the likelihood of prevailing and the money you may expect to receive as damages.
Please contact Mr. Newman for a free consultation. All representation is on a contingency basis, which means that there is no fee except the recovery against the employer.