How Businesses Can Avoid California Wrongful Termination Suits
Nov 18 2020 0

How Businesses Can Avoid California Wrongful Termination Suits

When an employer hires an employee in California, they have the right to fire them from their position at any time. As long as their reason for the firing isn’t illegal they are within their rights to terminate employees because California considers the relationship between employers and employees to be at-will. This doesn’t mean that employees don’t have rights and options when they are fired from their job. If an employee believes that they were let go unfairly and unlawfully, they may pursue a California wrongful termination lawsuit.

When a California wrongful termination claim is successful, the person who filed the claim will be compensated for their damages by their employer. Any business that has employees is at risk of having a wrongful determination lawsuit filed against them. Business owners will have to invest time and money into fighting this type of suit and while they are doing that their attention is split between running their business and managing their legal challenges. When a California business owner cannot be fully focused on running their business, their business can suffer.

What Reasons Do Employees Have for Filing a California Wrongful Termination Claim?

How Businesses Can Avoid California Wrongful Termination SuitsThe best way that a business can avoid having a claim filed against them and prevent that claim from being successful is to understand the law. It is a frustrating situation for employers to have to deal with legal challenges like wrongful termination claims, so not engaging in unlawful activities is important. Any of the following situations can lead an employee to file a wrongful termination claim in California:

  • The Fair Employment and Housing Act states that it is unlawful for people to be fired from their job because of any protective characteristic, their race, color, national origin, disability, or marital status. If an employer fires an employee for any of these reasons it is considered discrimination. Only when a protective characteristic makes it impossible for the employee to perform the duties related to their job can they be terminated.
  • The firing was a retaliatory act to seek revenge on an employee. An example of where this type of situation can often happen is with workers’ compensation. Employers largely do not want these claims to be filed because claims raise their premiums. If an employee was injured at work and files a claim, they cannot be fired by their employer because they filed the claim.
  • Constructive terminations are rare, but they still exist. Constructive termination happens when an employee willfully leaves their job because the environment that they have to work in is so intolerable they are unable to do their job.

Get the Help You Need from a California Business Lawyer

Employers that document everything for every employee’s personnel file and put into great detail what factors caused them to make the decision to terminate can help them fight a lawsuit. Working with a California business attorney, employers can learn more about their rights and be sure that they have effective representation to fight the legal challenges that keep them from being able to run their business. The Los Angeles business attorneys at Leiva Law can answer all of your legal questions and guide you as to how to lawfully manage your business and prevent legal issues from arising. To schedule a free consultation with the talented Canoga Park business attorneys at Leiva Law call 818-519-4465.. 

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