Learn About Legal and Illegal Terminations
There are many types of legal termination since it is an at-will state. CA employers do not necessarily need specific legal reasons to fire an employee, as they can terminate a worker’s employment at any time for almost any reason, including not providing a reason at all. However, there are still illegal reasons to fire an employee that are considered discriminatory or reactive. The reason for termination can influence whether an applicant is eligible for unemployment benefits. All employers are free to adopt at-will employment policies, but are not required. Continue reading this page if you wish to find out more about the illegal and legal reasons for terminating employees .
Learn About Legal Reasons for Terminating Employees
In , your employer is not legally required to give you reasons for dismissal of employment unless you have a written, or in some cases, a verbal contract, which is an exception to the at-will rule. Many types of legal termination of employment include firings based on work performance and adhering to company rules. Some legal reasons for dismissal of employment include:
- Not performing your job adequately or safely
- Not show up on time for work
- Failing a drug test
- Ignoring your company’s code of conduct
- Unethical behavior (such as bullying another employee)
When dismissed workers are applying for unemployment insurance, many of these reasons can prevent them from being eligible for benefits. Being fired for misconduct will result in unemployment benefits being denied. However, not all terminations are grounds for rejection from the welfare program.
Download our free guide for details about qualifying for unemployment benefits after being fired.
Learn About Illegal Reasons for Terminating Employees
There are a number of illegal reasons for dismissal of employment , which will not negatively influence you qualifying for unemployment benefits. If you feel you have been the victim of one of these types of illegal termination of employment, then you may wish to file a wrongful termination discrimination charge. Here are some types of illegal termination :
Discrimination is one of the most common types of illegal termination of employment. Types of discrimination include age, race, color, religion, sex, ethnic/national origin, disability, and veteran status. These are never legal reasons to fire an employee, as federal laws protect employees from being fired due to discrimination.
Harassment is another type of illegal termination of employment, which includes gender, sexual and racial harassment. You may have been wrongfully terminated on the basis of harassment if your employer made insulting comments about your physical appearances or he or she made unwelcome sexual advances.
Retaliation is not a legal reason to fire an employee and you are protected from dismissal of this type by law. Your employer cannot legally terminate your employment for your participation in protected practices such as reporting illegal behavior taking place within the company to external law enforcement agencies. Similarly, an employer cannot dismiss you for using company benefits such as group health insurance or apply for family leave.
Breach of Contract
Breach of contract is does not pertain to at-will employment laws. This type of illegal termination of employment occurs when you have a written, or in some cases, a verbal contract with your employer and your termination breaks that contract.
Violations of Public Policy
It is not a legal reason for terminating employees if it violates public policy. This type of illegal termination of employment is defined as one which members of society recognize as illegal grounds for firing an employee. Violations of public policy include firing an employee for:
- taking time off work to perform jury duty.
- taking time off work to vote.
- disclosing illegal company practices.
- serving in the National Guard or military.
- whistle-blowing (alerting the authorities to the company’s practices that are harmful to the public).
Fraud is never a legal reason for dismissal of employment, yet some employers may be unscrupulous enough to attempt this practice. To show that your illegaldismissal of employment came about by fraud, you must be able to prove that your employer intended to deceive you by making a false representation and that someone else in charge of the company knew this deception. You must also have been harmed in some way by this misrepresentation.
Whistle-blowing violations are not among the legal reasons for terminating employees and if you have been fired for this reason, you may wish to file a wrongful termination charge. Whistle-blowing laws are in place to protect workers who report illegal or harmful activities for the benefit of public interest.
It is not a legal reason for terminating employees to make false and derogatory statements about employees. If you are filing a suit for illegaldismissal of employment due to defamation, you must show that your employer said or wrote damaging statements about you that caused you harm in some way.
Find out more about legal employment practices and termination laws that influence unemployment insurance and welfare assistance by reviewing the information in our comprehensive guide.