Articles

Unlawful Reasons for Termination

by Kristen White Blogger
As with the majority of other states, California is considered an 'at-will' employment state. This basically means that the state provides great latitude to employers who can terminate employees for nearly any reason. That being said, there are certain situations in which an employer may terminate the employment relationship that is not legal, and that amounts to wrongful termination. This article will discuss the unlawful reasons to terminate an employee in the state of California.
 
There are a variety of laws that prohibit termination based on certain circumstances. Such laws include federal, state, and local laws. Some relevant Acts and laws considered as wrongful termination include the following:
 
Americans with Disabilities Act - This Act prohibits terminating employees based on their disability if they are able to perform the basic job functions with or without reasonable accommodation. When an employee is disabled and informs their employer of a need for reasonable accommodation, the employer should provide reasonable accommodation. While the employer is not required to provide the exact request of the employee, the accommodation should reasonably be connected to solving the problem confronted by the employee with the disability.
 
Pregnancy Discrimination Act - this federal law makes it unlawful for an employer to terminate an employee due to their being pregnant, childbirth, or have a medical condition related to pregnancy. In addition, pregnant women must be allowed to work for as long as they are able to do so.
 
Genetic Information Nondiscrimination Act - this federal Act prohibits discrimination and the termination of employees due to their genetic information or family medical history.
 
Cases involving harassment - according to Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act , employees are protected from termination because they refuse to perform sexual favors as a condition of employment or employees who were effectively forced out of their job due to the harassment arising to the level of being a hostile work environment. Such an environment is caused when this harassment is severe and pervasive that a reasonable person would not be able to tolerate it.
 
Whistleblowers - federal and state whistleblowing laws would protect employees from termination if they were fired after reporting certain misconduct or illegal activities being carried out by the employer. If an employee made a report, participated in an investigation, or took part in other protected activity as specified by state or federal law so as to report illegal actions of their employer, they can file a wrongful termination lawsuit based on these same laws. Similarly, an employee can file such a suit if he or she was fired for refusing to take part in illegal activity.
 
It is important to note that making a claim for wrongful termination is a complex matter, and as a result, you need to know which law applies to your case. If you and others have been wrongfully terminated by your previous employer, speak to class action attorneys in Los Angeles.
To handle a lawsuit related to unpaid overtime in California, consult an experienced class action law.


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About Kristen White Committed   Blogger

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Joined APSense since, August 19th, 2016, From Chicago, United States.

Created on Dec 11th 2019 05:18. Viewed 228 times.

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