What is considered wrongful termination in California?
Just because employees are at will this does not mean employers can freely terminate their employees without cause. Termination of employment can be for many reasons, both legal and illegal. To determine if termination was “Wrongful” you will need to compare the stated reason by the employer and the actual reason. If an employer claims an employee was terminated for performance this theory should be tested. Equally important is even if the employee was facing difficulty at work, an employer will have to prove it was this and not something else that violates public policy which motivated them to terminate the employee.
Ultimately termination is considered an “Adverse employment action” and discrimination laws in California state that such actions cannot be motivated by discriminatory treatment of a persons protected class.
Wrongful Termination Attorney in Burbank, CA
A big city with big employment opportunities and attractions for residents all over California, Burbank, CA is a popular destination for workers. More than 150,000 people live or commute to the city every day for work purposes, dwarfing its just over 105,000 resident population.
Just as people from all over the state are drawn to pursue their dreams here, our employment law attorney in Burbank, CA is committed to protecting the rights of workers in this community.
Regardless of whether you are resident in the city or commute daily for work, you are entitled to the full battery of workplace rights guaranteed under California’s 29 employment law codes. At Eldessouky Law, we practice employment law with a commitment to our clients’ livelihoods and happiness in the workplace.
If you are being made to suffer unlawful conduct at work, it is our labor attorney’s obligation to put a stop to it. AttorneyMohamed Eldessouky will provide the exceptional legal representation you need for a full recovery and will pursue the best possible outcome for your case, no matter who your employer is.
Economy and Largest Employers in Burbank, CA
Burbank, CA is home to some of the largest and most profitable media and entertainment companies in the world. As these companies create varied and exceptional revenue opportunities for Burbank, people very readily associate the city with the entertainment industry. They also regard Burbank as the “media capital of the world”.
This conclusion is not unfounded as some of the largest employers in the city are media and entertainment companies with global reach.
Some of these largest employers in Burbank, CA include:
- Warner Bros.: 4,900 employees
- The Walt Disney Company: 3,945 employees
- Providence Saint Joseph Medical Center: 2,850 employees
- Hollywood Burbank Airport: 2,200 employees
- Burbank Unified School District: 1,800 employees
- City of Burbank Government: 1,600 employees
- Deluxe Entertainment Services Group: 1,500 employees
- American Broadcasting Company: 1,170 employees
- Entertainment Partners: 875 employees
- Nickelodeon Animation Studio: 602 employees
Regardless of their size, every single one of these Burbank companies is obligated to uphold the employment laws and respect the workplace rights of their employees. While some companies respect these rights, others escape, leaving their workers to stand up for their rights by themselves through our employment law firm.
When these companies fail in their duties towards our clients, it is the duty of our employment law attorney in Burbank, CA to fight aggressively for their rights.
Burbank, CA: Eldessouky Law Practice Areas
At Eldessouky Law, our primary focus is on employment law and protecting the rights of workers who have had their workplace rights violated. Through our concentrated practice areas, we provide relief and employ all the resources at our disposal to secure the best possible outcome for our clients.
Eldessouky Law practice areas in Burbank, CA include:
- Hostile work environment claims, including:
- Sexual Harassment
- Wage and hour claims, including:
- Underpaid regular pay rates
- Unpaid rest or break times
- Overtime payment discrepancies
- Severance terms, agreements, and enforcement procedures
- Retaliation claims
- Wrongful termination
- Disability Discrimination
It does not matter if you are facing discrimination, retaliation, wrongful termination or wage and hour violations at work. Eldessouky Law will fight for your rights and help you secure justice.
What’s the Difference between Wrongful Termination and Constructive Discharge?
In short, Wrongful Termination is when the decision is made for you, in other words you were fired or let go. Constructive Discharge is when you quit or leave a job because of intolerable conditions or harassment at work.
Ultimately both carry the same weight and rights afforded to you under the law. The details of how this plays out differently in a lawsuit are further discussed below.
Wrongful termination can occur in a variety of ways, including through constructive discharge.Wrongful termination is usually an unlawful termination of an employee by their employer for reasons or in circumstances that are prohibited under the law. Typically this will come down in the form of an employee being informed they are “fired” or that the company is severing the relationship. This is by far the most common way an employee is let go. Having said that there are many ways an employee can be wrongfully terminated.
As the California Department of Industrial Relations explains, this includes termination for reasons that include:
- Firing an employee for reasons that are not contemplated within the contract of employment.
- For discriminatory reasons, including termination on account of age, citizenship status, ancestry, gender expression or identity. This includes firing an employee because the employer is unwilling to provide a reasonable accommodation.
- In order to avoid paying an employment benefit or bonus that is soon to be due
- Firing contract workers just before they are entitled to become permanent workers in order to maintain worker churn at low pay
When the reasons for termination are meant to punish the employee for engaging in protected activity, the termination is said to be retaliatory. For a Plaintiff to succeed in a lawsuit alleging relation these requirements laid out in California Jury Instructions CACI 2505 must be meant.
Protected activities under California law include:
- Filing a complaint for harassment or discrimination
- Taking or requesting family and medical leave
- Taking time off to serve jury duty
- Filing a workers’ compensation claim
- Protesting illegal activity in the workplace
However, it is not in all instances that employers come right out and terminate employees they bear a grudge against. In certain instances, an employer can cause a worker to become so fed up with their job that they prefer to resign than remain in the job. If you have lost your job in these circumstances, you may have been a victim of constructive discharge.
This is why constructive discharge is said to occur where an employer intentionally created or knowingly permitted conditions of work that were so intolerable as to cause an employee to resign. Vasquez v. Franklin Management Real Estate Fund, Inc. (2013) 222 Cal.App.4th 819, 827 [166 Cal.Rptr.3d 242]
To succeed in a claim of constructive discharge against an employer, the aggrieved employee is usually required to prove that:
- The defendant employer, either directly or through its directors, agents or supervisory employees, intentionally created or knowingly permitted working conditions that were so intolerable, a reasonable person would have to resign; and
- The employee resigned because of these intolerable working conditions
In order to determine if the working conditions were really so bad as to leave an employee with no option but to resign, the question is what would a reasonable person in the same position do? Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1244 [32 Cal.Rptr.2d 223, 876 P.2d 1022]
If, considering the circumstances of your exit from your place of work, you suspect your employer intentionally made you resign, we want to hear your story. Constructive discharge is usually a question of circumstances and while you may not suspect the conditions leading to your resignation were created intentionally, that may be exactly the case.
Speak to the Labor Attorney at Eldessouky Law Today
If you suspect you were wronged by your employer, do not keep your suspicions to yourself. Contact the Burbank, CA employment law attorney at Eldessouky Law at 714-409-8991 to enforce your rights today.