Do I Have Rights as a Terminated Employee in California?
In California, all workers have rights and protections in their workplace. Some of these protections also extend to recently terminated employees. If you were laid off or fired from your job, and your employer has violated your legal rights, you may be eligible for financial compensation.
The Law Office of John P. Martin fights to protect the rights of California workers, including workers that have been terminated. If your employer has violated California termination laws, we will hold them accountable. Reach out to us if you have questions about your legal rights.
Do I Have Rights as a Terminated Employee in California?
What rights do you have when you get fired from your job? Terminated workers have certain legal rights. This includes the right to obtain a final paycheck and may also include benefits like extended benefits or unemployment. Understanding your rights will allow you to take advantage of the benefits you are legally entitled to.
It is particularly important to be aware of California employee termination laws. According to California Labor Code 201, employees are owed all due wages upon termination. This includes any earned vacation pay that has not been used but does not include unused sick pay. If an employer fails to pay owed wages when an employee is discharged, that worker may be entitled to receive continuing wages.
Although California does not require employers to provide severance pay, some workers may have contracts that guarantee them severance upon termination. If an employee has a contract with an employer and is terminated before the contract ends, they may also have the right to seek compensation. These laws apply to written and implied contracts, so discussing your options with San Diego employment lawyers is a safe option.
In California, employment is presumed “at-will,” meaning either the employer or employee can end the employment relationship at any time, with or without reason. That said, there are exceptions to this rule, and certain terminations are prohibited under California law. Employers can not legally terminate workers based on race, sex, age, nationality, religion, and/or disability.
Whether you are being denied owed benefits or suspect that you are a victim of wrongful termination, do not hesitate to talk to a lawyer. An attorney can answer your employment law questions and help you take action if necessary.
Damages for Terminated Employees
Terminated employees may be entitled to damages if their employer has violated their rights. While recoverable damages can vary based on the specifics of your case, potential damages may include the following:
- Lost wages: You may be entitled to recover the wages and benefits you lost due to your termination.
- Unpaid wages and benefits: Workers are entitled to any unpaid wages and benefits and may be eligible for additional compensation.
- Reinstatement: If you were wrongfully terminated, courts may order your employer to return you to your previous position.
- Compensation for emotional distress: Being laid off or fired is stressful under any circumstance, but it is even more upsetting when your employer tramples on your rights. That is why you may be able to recover damages for the distress you have experienced.
- Attorney’s fees: If your claim is successful, courts may order your employer to cover your legal expenses.
- Punitive damages: In some cases, courts may order employers to pay additional damages as a penalty for poor conduct. These damages are rarely awarded and only apply to cases where an employer’s behavior was shockingly bad.
How Employment Lawyers San Diego, California Can Help
If your rights as a terminated employee in California have been violated, John P. Martin, one of the employment lawyers in San Diego, California, can help you understand your legal options. During a consultation, he will analyze the facts of your case and determine if you have a valid legal claim. He can also negotiate with your employer or their legal team to obtain a fair settlement for the damages you have suffered. Whether we can settle your claim out of court or have to take your case to trial, we will offer you support and guidance every step of the way.
Our goal is to protect your legal rights and help you get compensation for any wrongdoing by your employer. As a worker, you have rights, even if you no longer work for an employer. If you are concerned that your rights have been violated, contact us today to schedule a consultation.
