Friday, August 22, 2008

I Just Got Fired From My Job, Do I Have A Case?

This is the most frequent question I am asked. As a California Employment Attorney, who has been practicing for over 13 years, my answer is always, it depends. Depends on what?

In California, most jobs are "at will". This means that the employer can terminate you for a good reason, a bad reason, or no reason at all but, there are many exceptions to this rule. What an employer may not terminate you for is a reason that is contrary to the law. These reasons can include the following: (1) firing you for taking medical leave, assuming you have been working for at least 1250 hours in the last year and the employer has 50 or more employees within a 75 mile radius of where you worked; (2) firing you for asking for time off or taking time off to take care of a sick spouse or child; (3) firing you because you need time off due to a disability; (4) firing you because you get pregnant and need time off; (5) firing you because you need time off to serve in the military or national guard; (6) firing you because you refuse to do something illegal that the employer requests or protest illegal activity; (7) firing you because you assert your rights not to be discriminated against or be the subject of sexual or racial harassment; (8) firing you because of your race, gender, sexual orientation, age; (9) firing you because you were sexually harassed or firing you because you do not give in to sexual advances on the part of supervisors; (10) firing you without "just cause" if you are a long term employee who has been working with the same employer for 7 or more years.

This is certainly not a complete list but, does list the most common reasons a person can be terminated and have a wrongful termination claim.

If you or someone you know falls into one of the categories listed above, tell them to call the Law Offices of Steven M. Sweat (Toll Free: 866-229-0101 or (323) 944-0993) or visit our website @ http://www.victimslawyer.com/

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