Common Violations of Employee’s Unfair Dismissal Rights in California

Being fired or terminated is one of the most difficult episodes in a worker’s life. Some workers accept the reality of dismissals with an open mind while others see it as unfair, especially when they find it to be unreasonable and baseless.

According to federal statistics, with the onset of the economic recession last year, the number of employment cases has increased and many of them include wrongful termination and illegal dismissal cases.

So when does termination become wrongful?

Termination becomes wrongful under the following circumstances:

• When the dismissal is a form of employer retaliation after the employee has informed authorities of the employer’s wrongdoing
• When the reason for termination is based on discrimination issues such as disability, age, gender, nationality, among others
• When an employee is fired for refusing to engage in sexual conduct with the employer, which is a form of sexual harassment

Dismissals may also come in various types. Some dismissals may be in the form of a notice of termination; other terminations are carried out by not renewing one’s contract.

A dismissal become unfair when an employer fails to follow the dismissal procedure as specified in a manual or employment policy. In this case, an employee is entitled to compensation for the unfair dismissal done to him.

The following acts may constitute unfair dismissal:

• When you have been dismissed for exercising statutory employment rights
• When you have been dismissed before, during, or after business transfers
• Under the law, an employee can only be dismissed if he is found guilty of breaking disciplinary rules or any code of conduct and this must be done through proper procedure with facts supporting the reasons for the employee’s dismissal
• When an employee was dismissed on baseless grounds or without concrete reason
• If the employee was forced to quit or reason due to harassment
• If the employee was put on loss of pay for indefinite period of time

Employees who believed they are victims of unfair dismissal can file a claim for damages for the wrongdoing. In order to file a wrongful termination suit, the employee must show the following elements:

• That his employment contract –whether expressly or implicitly – included a promise that he would not be fired without cause
• That the employer had violated a fundamental policy or state law in terminating one’s employment
• That the employer committed tort acts like defamation, invasion of privacy, or intentional infliction of emotional distress

The filing for compensation against unfair dismissal must be done within three months of the dismissal or on the last day of the notice. In employment cases especially one that involves unfair dismissal issues, the victim may either receive compensation or get reinstated to work depending on how strong the case is.

Having an experienced employment lawyer to represent you in this case can improve your chances of obtaining your claim.