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Wrongful Termination Archives

Employee wins wrongful termination action over misconduct claims

As a worker in California, you may look at losing your job as a devastating event that you have no recourse to prevent if the company claims you violated your employment contract. However, if the company does not follow its own procedures, you could have legal recourse. We at The Kaufman Law Firm often counsel clients on their rights in the workplace.

Can quitting a job still be considered wrongful termination?

In most cases, if you quit your job in California, it is considered a willful move on your part, and you have no grounds to claim you were wrongfully terminated. However, the American Bar Association notes there are some situations where you can quit your job and still have grounds for wrongful termination. The grounds for such a claim are fairly limited, though.

Can I be fired for refusing a drug test?

If your employer at a private company in California tells you that you must take a drug test, you may wonder if state law allows it. Unfortunately, the answer to that is not necessarily simple. According to the State of California’s Employment Development Department, there are instances where you could be terminated because of your refusal. However, some court cases have determined that wrongful termination took place after an employee was fired for refusing to take a random drug test.

Contract employees and termination

Termination for any or no reason is often acceptable under the at-will doctrine for those who do not have a written or implied contract. However, when an employee in California has an employment agreement, the employer has less discretion in the matter. Chron.com explains that the contract typically spells out the process that must be undertaken, or the activities that may be grounds for ending the contract before its completion date. These include the following:

Can you be fired for taking sick days?

The United States is an at-will employment country. At-will employment means that you can quit for any reason and your employer can fire you for any reason. The reason does not need to be fair nor reasonable. Your employer can fire you for wearing pink on Wednesdays, and you can quit because your boss wore hoop earrings, it does not matter.

Does an employer need a good reason to fire you?

Many people assume that their boss cannot fire them unless there is "good cause." Sadly, most people are wrong. In 49 states, employment is "at-will" which means either you or your employer can end the employer-employee relationship. This post will go over what this means for you.

What you should do after losing a job, pt. 1

Laid-off, let-go and severance, there are many euphemisms for getting fired from a job. No matter the terminology your boss may use, it is a universal punch in the gut. It shakes your confidence in work and in family. But when the dust settles and you push through the self-pity, you have some things to do. This article will go over some of the things you should do after losing a job to jump back up to your feet.

Wrongful termination does not always require being fired

Often your employer will know details about your personal life; this is how she would craft a schedule and job that fits with your life. When your relationship with your boss is going well, this is great. But this extra information also allows them to take advantage of you to try and create a situation that forces you from your job. When this happens, you may have a claim for constructive wrongful termination. A wrongful termination claim brings to mind being fired for an unlawful reason such as retaliation for reporting a chemical spill or because your boss is sexist or racist. However, your employer does not have to fire you for you to have a wrongful termination claim.

How to handle being wrongfully terminated Being terminated is always traumatic. No matter how expe

Being terminated is always traumatic. No matter how experienced you are, it remains a gut-wrenching feeling. A wrongful termination results when your boss violates an employment contract, or you are fired for an illegal reason. The nature of your employment determines how you may be let go. Most employees are at-will, but employment contracts do occur, even inadvertently. The courts recognize both written and oral contracts. Consulting an attorney can clarify if you are at-will or contract, then you may proceed with enforcing your rights.

Former employee sues grocer over termination

In California, there are many employees who could tell you that every job has its ups and downs. Unfortunately, some jobs are more down than up, especially when your employer ignores your rights and treats you unfairly. Worse still, if you complain, you may be afraid of retaliation and the possibility of being fired for standing up for yourself.

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Toll Free: 866-278-2385
Phone: 818-305-6457
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