Employers in California do not have the right to fire one of their workers for any unjustified reason. For this, the term unjustified dismissal has been used to protect the rights of employees, using it to legally refer to the moment in which an employee decides to terminate the employment relationship with an employee for illegal reasons.
This means that no employee can fire someone for reasons like:
- Discrimination of any kind
- Retaliation
- Bullying
- Pregnancy
- Not wanting to pay wages or overtime
- Other reasons
Any of these reasons can make the employee worthy of compensation, and you can demand your employee for having decided to fire you without just cause. However, this compensation must cover the losses that the former worker has suffered after the dismissal, such as wages, emotional damage, and other job opportunities.
The only legal way that your employer can fire you is if you have breached the employment contract, violated a rule that you already knew about based on the same contract, or if your contract has established an end date for the employment relationship with your employer. Otherwise, the reasons might be illegal even if it is not one of those we mentioned above.
In the event that you know that your dismissal was unjustified, contact an employment law attorney, who will help you determine if your case is solid and you will be able to recover what you have lost in addition to asserting your rights when claiming. The support of a professional can be of great help in these cases since your employer could try to prove your innocence as much as possible and will try to appear that the one who made a mistake was you.
Our lawyers are ready to help and fight with your employer, no matter how big the organization is and what the evidence tries to show against them to make it appear that they are innocent. Contact us to learn more and receive the legal support that your case requires.