A wrongful termination is nothing short of shocking to those who go through it. The truth is that many who face wrongful terminations know that something isn't right. They may also feel discriminated against or have a nagging feeling that someone is "out to get them." And, what's worse, is that they may be right.
A wrongful termination can be damaging in several ways. It can cause financial stress, hurt feelings and harm to the reputation of an individual. A wrongful termination might occur because of discrimination or for other illegal reasons.
In an interesting report out of California, it's been noted that the California Department of Industrial Relations in Oakland's former head has been accused of gross misconduct including falsifying documents, referring to employees by racial background, age-related characteristic or ethnicity. In some cases, she's accused of attempting to find out who certain whistle blowers were in order to retaliate against them. The report didn't name the director or department, but the former director has been facing news coverage as a result of the investigation.
There are many reasons why a person may be wrongfully terminated. For example, if you are sexually harassed on the job and refuse the advances of a superior, you might be fired.
Because most employment in California is "at will," it can be challenging to prove wrongful termination. At will employment means that employers and employees may end the working arrangement with or without a cause. However, this does not mean that employers can break employment laws to get rid of a worker.
Wrongful termination happens whenever an employee is discharged for a reason contrary to law. Although in many cases employers have broad discretion to terminate the employment of their employees, there are cases where the termination is wrongful and the employee may be entitled to remedies under the law of California. This blog post will provide a quick summary of the circumstances under which a former employee can bring a case of wrongful termination under California law.