What qualifies as a wrongful termination case?
A wrongful termination case is one in which an employee has been fired, laid off, or otherwise discharged from their job in an unlawful or unfair manner. In California, there are four main categories of wrongful termination: (1) discrimination based on the employee’s race, color, national origin, ancestry, sex, disability, or age; (2) violation of the employee’s right to whistle-blow—which includes reporting a company’s illegal or unethical activities—to a government agency or employer; (3) violation of an implied contract—which can occur if the employer fails to adhere to their own policies and procedures in discharging an employee; and (4) violation of public policy—meaning the employer discharged the employee for performing an act that is considered to be in the public’s best interest, such as voting or taking part in a political demonstration. In addition to one of these categories, California law requires that a wrongful termination case must meet the following criteria: (1) the employee must have been an “at-will” employee—which means they were not employed under a written or oral contract; (2) the employee must have been discharged as a result of an unfair or unlawful reason; and (3) the employee must have suffered some sort of loss, such as lost wages or benefits, as a result of the termination. Therefore, for a wrongful termination case in California, an employee must have been wrongfully discharged for an unfair or illegal reason, as well as have suffered a financial loss as a result. If these criteria are met, the employee may be able to bring a successful wrongful termination case against their employer in court.
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