Personal Injury
Defective ProductsOrange County Employment Lawyers
California is an "at-will" state, which means that an employer can fire an employee without repercussions. That does not, however, give them the supreme right to let go of an employee, especially if they fired a worker by violating California or federal labor codes. In cases where an employee's rights are violated, an experienced Orange County employment lawyer can help determine the victims' legal options while protecting their rights and best interests.
Examples of Wrongful Termination
Despite being an at-will state, there are a number of acts that may be considered as "wrongful termination." Under California law, an employer may not fire an employee for:
- Taking time off for jury duty (230.a)
- Being a victim of a crime or taking time off to appear in court in accordance with a subpoena (230.b)
- Taking time off to perform emergency duty (230.3.a)
- Taking off up to 40 hours each year, not exceeding eight hours in any calendar month of the year, to participate in activities of the school or licensed child day care facility of any of his or her children. (230.8.a)
- Disclosing the amount of his or her wages (232.c)
- Disclosing information regarding the employer's working conditions (232.5)
- Using, or attempting to exercise the right to use sick leave for a child, parent or spouse. (233.c)
It is also against the law to fire someone because of their race, religion, sex, sexual orientation or age.
Additional Labor Codes Pertaining to Terminations
Employees who are in the process of being let go still have a number of rights. A few important labor codes to remember include:
- 201. (a): "If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately." It is important that recently discharged employees are paid promptly.
- 201. (c): "When the state employer discharges an employee, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee's unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power." Workers deserve to get the benefits they earned while working.
- 208: "Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in the county where the employee has been performing labor."
What to Do if You Have Been Wrongfully Terminated
If you have recently lost your job and if you believe you were wrongfully terminated, it may be in your best interest to take extensive notes regarding the reasons you were told you were let go. Keep any information you were given at the time of your termination and write out any concerns you had about your employment. Then, contact an experienced Orange County employment lawyer who has experience and a successful track record handling similar cases.
The knowledgeable Newport Beach employment lawyers of Bisnar | Chase Personal Injury Attorneys, LLP have successfully fought for the rights of workers. We have a successful track record of standing up against large corporations on behalf of the "little guy" who has either been hurt by the corporation's negligence or has been mistreated. Remember, you do have rights as an employee. Call us to obtain an honest, comprehensive and confidential assessment of your case. Consultations are always free.
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