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Understanding California Employment Laws California workers that are classified as “at will” workers may find themselves in danger of being terminated from their workplace for virtually any reason or even if it is an unjust one for no reason in the slightest. Usually, an employee who has been working for an organization for less than five years and doesn’t have an employment contract could be considered an “at will” employee under the California employment laws. To successfully file a wrongful termination claim, the termination must have violated some fundamental right. Simply put, this means that some federal statute or state regulation or constitutional provision should have already been broken by the termination. For instance, when the employer orders an employee to do something which is against the law, regulation, ordinance or statute, the company cannot lawfully fire that worker for refusing to do such a thing. One may pursue this in cases such as when an employee complains about what they believe is a violation of the law including failure to pay overtime, late payment of wages or workplace safety problems and is fired because of this. Another infringement that would lead to a wrongful termination claim comes up when the employee’s authentic reason behind letting go of the worker is dependent on the employee’s gender, age, disability, religion or national origin. Although such discriminations are under the California Fair Employment and Housing Act, they can also result in a common law claim as they can be in breach of the public policy. Likewise, this also is true for termination made in retaliation for a worker’s opposition to or complaints about harassment or discrimination on any of the protected classifications listed above. Consider the case when an employee complains about sexual harassment and is criticized at work because of it, disciplined or fired. In this instance, they would possess a claim for retaliation under the Fair Employment and Housing Act and also under common law.
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Other terminations might be unlawful as they have been declared so under different laws. Some of these include the firing of employees based on sexual orientation or those that take maternity or medical leave. Employees who need to take leave as a result of a serious medical condition or must care for a parent or a child that has such a condition, are protected under what the law states. The protection under the law applies if one has worked for more than 1250 hours throughout the previous year or the organization has more than 50 workers within a seventy-five-mile radius or if they have worked for the company for more than a year. National and state laws are passed so as to protect workers against wrongful termination. Normally, these laws prohibit termination predicated on race, age, gender, nationality, religion, and handicap.Where To Start with Resources and More