Discussing Wrongful Termination Of Regular Employees In Laguna Beach, California
While most employees in California do not have contracts, there are a few exceptions. Some contracts are for a set amount of time, such as a year or a specific position.
The question arises as to whether or not they can terminate the contract. It's a fact-intensive question about reading the contract and determining whether or not the employer has the authority to have you stop working and whether or not this has an impact on whether or not they must pay you for the remainder of the contract or for a specific period of time in the future. Some contracts have just cause clauses that allow them to end the contract if you are fired for a good reason.
That said, let's discuss firing employees in the context of wrongful termination claims, as handled by our Laguna Beach Employment Lawyers in California.
Who Can File Wrongful Termination Claims In Laguna Beach, CA?
What is apparent in California is that all employees, both contract and at-will, are protected under California law from wrongful termination, unlawful harassment, and discrimination, regardless of whether they have an employment contract or are deemed at-will.
Here are some illegal reasons to file employees:
Whether or not you have an employment contract, all the above reasons are considered illegal reasons to fire someone. In some cases, employers will cite conditions in the contract as a way to veil their actual reasons for firing you.
For example, they might cite incompetence to make it seem like it is within their right to fire you according to the contract. However, you can show proof of their actions and motivations, which can be done through investigations by you and your Laguna Beach Employment Attorney.
Protect Your Employment Rights In California!
You must understand your rights if you have a contract or are an at-will employee. Your supervisor or HR may ask you to sign a separation agreement at the end of your job, in which they will offer you money. Sometimes it's two weeks, sometimes a month, and other times it's much longer.
If they're doing that, understand that they're not simply offering you money; they're also asking you to surrender your right to file claims. Indeed, by signing that agreement and accepting the money, you may be releasing the corporation from any and all lawsuits.
These claims could include wage claims for their paying you incorrectly while you worked there and wrongful termination claims. They want you to sign off on your claims so you won't be able to sue them in the future.
It's critical to understand your rights and what rights you may be giving up if you're provided with an agreement at the end of your job. Please remember that signing a contract at the start of your job does not exclude you from seeking legal remedies outside of those contracts.
We recommend you speak with a Laguna Beach employment law attorney about your options. An attorney knows their way around the law and can help you file claims, negotiate settlements, find proof, and take things to court should you need to.
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