4 Different Reasons To File An Employment Law Claim In California

California workers enjoy the broadest employment protections across the US. Should your employer violate your rights in any way, you have the grounds to sue them, negotiate with them, and collect damages if successful.

That said, you can’t be too sue-happy in California. You can’t accuse and sue someone solely because you don’t like them. Instead, you need to have a legal basis for your claim, show proof of the violations, and submit the report before the deadline.

Here are some of the most common legal reasons or grounds for filing employment lawsuits in California:

1. When your termination was illegal.

The legal term for this is “wrongful termination.” In summary, you can file a California wrongful termination claim if you’ve been fired for illegal reasons, including:

• Discrimination

• As retaliation

• As a breach of contract

• As a form of harassment

While employers can fire at-will employees at any time for any reason, they still can’t be fired for any of the illegal reasons listed above. Hence, at-will employees can be fired for no reason, but they can’t be fired for illegal ones.

If you’ve experienced this, you should contact a California Wrongful Termination Lawyer to help you file claims ASAP.

2. When you’re boss tried to get back at you for exercising your rights.

Employers cannot retaliate to impede your right to protected activities. These protected activities include (but are not limited to):

• Reporting your boss for employment law violations

• Reporting your employer for illegal activity (i.e., reporting them to OSHA)

• Taking time off to vote

• Filing an FMLA leave

• Taking time off to serve in the military

• Applying for re-employment after serving in the military

• Taking time off work to serve on the jury

• Participating in investigations of your company

• Becoming a witness in a case (even one that involves your employer)

Retaliation can take form in any of the following ways:

• Termination

• Demotion

• Pay cuts

• Suspension

• And many more

Retaliatory employment actions meant to “punish” or get back at an employee are considered illegal in California employment law.

3. When you have unpaid wages.

If you have back pay, you should inform your boss about the matter ASAP to resolve it. However, if your employer refuses to pay what you are owed, you could file claims for wage and hour violations in California.

Unpaid wages can include (but are not limited to):

• Unpaid regular wage/salary

• Overtime

• Rest and meal breaks

• Missing benefits

Suing for unpaid wages is often the solution for employers who are being stubborn or intentionally committing wage theft.

That said, you don’t have to sit on the sidelines and let them violate your employment rights. You can sue your boss, provided you report to the appropriate agencies and provide ample proof. This process can be complicated, though, so you should contact a prescreened California Wrongful Termination Lawyer to help you.

4. When you’re experiencing harassment and discrimination.

California prohibits discrimination of protected characteristics. These characteristics include the following:

• Disability discrimination

• Pregnancy discrimination

• Marital status discrimination

• FMLA discrimination

• LGTBQ discrimination

• Religious beliefs discrimination

• Age discrimination

• Race discrimination

• Gender discrimination

• Whistleblower retaliation

• Discrimination based on genetic information

• National origin discrimination

In essence, your boss cannot make employment decisions on the sole basis of discriminating against an employee’s protected characteristics. So, they can’t hire, fire, demote, suspend, or retaliate against an employee on the sole basis of discriminating against them.

If proven to have done so, your employer will be compelled through a judge or an out-of-court settlement to compensate you for economic and non-economic losses suffered because of the discrimination. So, for example, if you lost income and experienced emotional distress because of the employment law violation, then you can get damages tantamount to those losses. Usually, these damages are in the form of monetary awards or other benefits (i.e., getting your job back).