Wrongful termination can be frustrating, because you find yourself out of a job when you don't feel there was any valid reason for your firing. In some cases it comes down to a difference of opinion in your work abilities or other factors of job performance. But in other cases it can be wrongful in the legal sense of the word.
If you file a complaint against your employer with the Equal Employment Opportunity Commission (EEOC), you can become the victim of retaliation. That's when your employer takes negative action against you resulting in harassment and bullying, lower wages, poor work conditions and assignments, unjustified negative performance reviews, demotion, and even firing. Simply put, employer retaliation is revenge. But retaliation in the workplace is not so simple to prove; you must have evidence.
Finding a good job to support yourself and your family is important, so many aren't especially picky when it comes to agreeing to the conditions of employment beyond working during their agreed on hours and the agreed on rate an receiving any benefits promised. While some jobs have contracts attached to them offering job security, most jobs are considered "at will."
For many employers, the end of calendar year is spent on typical end of year exercises that are necessary in preparing for tax time, such as making sure W-2's are accurate, and that compensation packages and bonuses are properly taxed. However, it is also important for employers to be ready for the many changes in California's employment law statutes. Many of the changes that were enacted into law earlier this year will take effect beginning January 1, 2016.
In a prior post, we explored the question of whether an employer has an obligation to allow a troubled employee to participate in an alcohol diversion program in lieu of terminating him or her violations of company policies. We explained that employers are not required to rehabilitate troubled employees or provide such opportunities.
Most employers know that dealing with employees who have alcohol issues can be a delicate process. On the one hand, there is a certain level of sensitivity to alcoholism because it is a known disease and a disability that is protected under the Americans with Disabilities Act. On the other hand, an employee may not be ready to admit that they have a problem and may see treatment as a just patronism.
One sign that a new business is going in the right direction is being able to hire new employees. It is an exciting an optimistic time for a business, but there also must be great care taken to ensure that trade secrets and other integral pieces of information are protected.
Despite the angst that fired employees may have after being let go, employers in California have wide latitude in their power to remove employees from their positions. However, this does not mean that every employer follows the rules, and may sometimes terminate an employee illegally. However, in making their statements known to others, disgruntled employees may end up sabotaging their own cases through rants on social media.
Earlier this month, a woman filed a lawsuit against her employer. The lawsuit claims seem fairly straightforward. The worker claims that her employer engaged in unfair business practices, invaded her privacy and terminated her wrongfully. These kinds of claims are filed in courts all across America, nearly every day. However, something makes this woman's claim unique. She only filed her claim after she refused to allow her employer to track her movements all day, every day.
Getting fired can be a devastating experience for anyone in California. Even if you didn't love or even particularly like your job, you don't necessarily want to lose it or the income that supports you and your family.