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Understanding California Employment Laws California workers who are classified as “at will” workers may find themselves at risk of being terminated from their workplace for any reason even if it is an unfair one or for no reason at all. Typically, an employee that does not have an employment contract has been working for an organization for less than five years might be considered an “at will” employee under the California employment laws. To successfully file a wrongful termination claim, the termination will need to have offended 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, if the employer orders an employee to do something which is against the law, regulation, ordinance or statute, the employer cannot legally 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 consider is a violation of the law like failure to cover overtime, late payment of wages or workplace safety problems and is fired due to this. Another breach that will lead to a wrongful termination claim comes up when the employee’s accurate reason for letting go of the worker is dependent on age, the employee’s sex, handicap, religion or national origin. Although such discriminations are under the California Fair Employment and Housing Act, they also can lead to a common law claim as they are in violation of the public policy. Similarly, this also is true for termination made in retaliation for a worker’s opposition to or complaints about discrimination or harassment on any one of the protected classifications. Take the example when an employee complain about sexual harassment and is criticized at work for it or is written up, 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 may be unlawful as they are expressly prohibited under different laws. Some of these are the firing of employees because of taking medical, or maternity leave or sexual orientation. Workers who have to take leave as a result of a serious medical condition or must care for a parent or child that is in such a condition, are protected under what the law states. The protection under the law applies to employees that have worked for more than 1250 hours during the previous year, or the organization has more than 50 workers within a seventy-five-mile radius or if they’ve worked for the firm for a lot more than a year. National and state laws are passed so as to protect workers against wrongful termination. Generally, these laws forbid termination according to gender, age, race, nationality, religion, and disability.3 Laws Tips from Someone With Experience