Can you get sued for firing someone in California?

California is one of the states in the U.S. with the hardest worker protection law. As an employer, it is your responsibility to discard unfair, illegal reasons of firing the employee and at the same time, you should also require other legitimate and non-discriminatory reasons for the termination of the employee. Otherwise, you will face legal action. Here’s what you need to know about firing employees legally in California:

 

At-Will Employment

 

As for California, however, it is one of the “at will” employment states on the US territory. Therefore, employers may legally terminate a worker with or without a good cause. All they must do is make sure that neither the reason of the dismissal is of a discriminatory nature, neither is it retaliatory. Workers also can give up the job ex tempore and without reason and an advance notice.

 

There are exceptions to this rule such as when you have an employment contract with a clause that only allows termination for a reasonable cause. Additionally, even though there are federal and state laws that prohibit some forms of discriminatory terminations, it is not the case with all of the forms of discrimination.

 

Wrongful Termination Lawsuits

 

Even in an at-will state, fired employees may have grounds to sue you for wrongful termination if they can show:

 

- Violation of public policy: Discarding someone because of this may mean taking custody from the custody who suspects of something or acts in certain ways.

 

- Breach of contract: Breaching an employment agreement, company rules etc.

 

- Discrimination: Being fired for or against the protected characteristics included on race, gender equality, and physical disability. This is a disobedience of some federal and state discrimination laws.

 

In case an employee has enough ground to prove termination was carried out illegally or breached a contract, you have the chance to be sued for wrongful dismissal. Compensations may include retroactive payments, reinstatement of theirs job, punitive damages, and attorney's fees.

 

Minimize Your Risk

 

Follow these best practices when terminating employees:

 

- The reason to terminate an employee must be legit anyway and not prejudiced or victimization.

- Talk to attorney if you have to make termination which can breach any discrimination or other violations.

- Implement a policy of doing all things by the book.

- President not only misinterpreted the policy or contract clauses but also hindered the political relations by being too aggressive.

 

Amid all this, in a nutshell, it is wise to take an employment lawyer to review the termination decisions and the documentation, so as to properly handle the termination process. This functionality enables to track and prevent all claims that will be linked to the wrongful termination lawsuits in California. The precise way of fringing employees legally in a state with strong protection of workers may be especially difficult but it could also be done with proper arrangements.

 

The decision maker has to be certain, objective, clear thinking, and must not exceed their legal power in all the stages of the termination process. Document everything thoroughly too. It is to this end that you should consider preserving any evidence you can in order to defend yourself against the event of possible wrongful termination claims.