An employee in California can be terminated without a reason. In fact, they can be let go for any reason. This is what you call ‘at will’ employment. Unless an employee is given specified assurances stating otherwise, then all California employment is considered to be ‘at will’. The law does prevent California employers from failing to promote, demoting, or engaging in various adverse employment actions, providing their actions are motivated by any intent that is prohibited by law.
Employers Often Choose Arbitration Before Court
There are a lot of times when an employer will attempt to force an employee into arbitration on this type of dispute. The reason is that having a case arbitrated before a retired judge will most likely result in fewer damages being awarded than if it went before a jury.
We here at the Coachella Valley business litigation law firm are well aware of the laws governing that kind of a move from an employer. We’ve been very successful, many times, in defeating their attempts to take their cases away from juries and put them before a judge.
There have been cases where an employer has prevailed, and the matters wound up being arbitrated anyway. Even in these cases, we have still arbitrated the cases to successful conclusions, in spite of them being argued without a jury.
Wrongful Termination (Violation of Public Policy)
It is against the law to terminate somebody if the motive for it violates any fundamental public policy set forth by the state of California. Should you ever be terminated for engaging in any protected activity, like refusing to take part in improper conduct, for reporting wrongful conduct, or because you happen to be part of a known protected class of employees, and then a Coachella Valley litigation attorney will prosecute your claim.
There are laws against the failure to accommodate people with disabilities within the workplace. However, it happens all the time. Employers terminate perfectly good workers because they suffered some injury or have a certain condition that causes them to be just a little slower or a little different.
Failure to provide these employees with reasonable accommodations that enable them to do their work is a violation of the FEHA (Fair Employment & Housing Act). This is the law that allows you to take action to recover financial loss and damages from emotional distress. Punitive damages may apply as well.
Contact our Coachella Valley Litigation Attorneys for a Consultation
Whether you are an employer or employee, call our attorneys at 760-322-2275 for a consultation.