Overview
Our attorneys have a long history of assisting California workers and employers with labor issues. Labor law, including wage collection, is regulated by State and Federal employment, tax and contract laws and the legal relationships between employers, employees and independent contractors are often complicated. Our attorneys are well versed in navigating the labor system.
Employees and Independent Contractors with wrongful termination claims or questions are encouraged to contact an attorney to discuss the facts of their employment and termination to determine the viability of a legal action. It is important to discuss your rights and options with an attorney if you feel that you have been wrongfully terminated as the options available are case specific. Please contact us for a free consultation.
General Information about Wrongful Termination Law
The termination of employees is strictly governed by both Federal and California state law. An employee’s claim for wrongful termination generally arises if the worker is terminated for:
(1) discrimination based on age, sex, pregnancy, religion, national origin, sexual orientation or marital status;
(2) discrimination based on disability (physical or mental condition);
(3) medical or family medical leave (to care for a sick parent or child);
(4) the worker’s report or complaint of unsafe working conditions, wage violations, sexual or other harassment, or illegal other practices;
(5) retaliation for complaints of discrimination in any of the above categories.
This list is not all-inclusive and additional bases for a wrongful termination case may exist.
In addition to contacting an attorney, California workers may file a discrimination or retaliation complaint with the California Department of Industrial Relations – Division of Labor Standard Enforcement (DLSE).
Types of Employees and Bases for Claims
“At Will” Employees
A majority of California workers are “at will” employees. These workers do not have union or individual employment contracts. Generally “at will” employees can be fired or let go for any reason as long as the reason does not fall into any of the five categories outlined above. In order to have a wrongful termination claim, the employer must have violated some Federal or State anti-discrimination statue by firing the employee.
Changes to an “at will” employment relationship may be oral, written or inferred by custom and practice. For example, oral assurances by an employer that an employee’s job is safe or will continue may be sufficient to establish an employment relationship. Once an employment relationship is established, the employer is required to show “good cause” for termination of an employee. “Good cause” is a legal test established by federal and state statutory and case law.
Contracted Employees
Employees with employment contracts are generally bound by the terms of the contract. The wrongful termination claim is based on the terms of the contract unless some discrimination, as outlined above, is alleged. Contracted employees must evidence: (1) that the employee and employer have a valid, duly executed written contract, (2) that the employer breached the contract in firing the employee, and (3) that the employee suffered damages as a result of the breach of contract.
Union Employees
Generally union employees may only be terminated for cause and the Union contract governs the employees’ rights once terminated. In order to make a claim, the employee must: (1) be a Union member in good standing and (2) have a valid contract with the Union. Union employees who feel that they have been wrongfully terminated should contact their Union and request that a grievance be filed. The Union is obligated to fairly represent the employee in evaluating the claim, filing a grievance and/or arbitrating the claim. Union employees are covered by contracts and must abide by the terms designated and cannot file a wrongful termination court action unless the terms of the contract itself is questionable.
Independent Contractors, Volunteers and Aliens
Independent Contractors, Volunteers and Aliens are not classified as employees. These categories of workers may not file a claim or complaint for wrongful termination under existing California and Federal laws unless the contractor was mistakenly classified a contractor instead of employee, or some other exception.
Services We Provide
The Law Office of Howard L. Hibbard provides the following services to our wrongful termination clients: (1) evaluation on a case-by-case basis of all available options and assessment of risks; (2) consultations, phone calls, updates to clients, (3) preparation of court paperwork, pleadings and documents; (4) legal research as necessary, (5) preparation of all trial/hearing exhibits and witnesses, (6) court or administrative hearing, arbitration and/or trial representation, (7) service of papers and court filings.
The Law Office of Howard L. Hibbard is well versed in wrongful termination claims, cases and procedures. If you have questions regarding wage collection, please contact our office for a free consultation: contact us.