In the California residential management industry, employees who believe they have been wrongfully terminated have several legal recourses. California is an at-will employment state, meaning employers can generally terminate employees at any time, for any reason, or for no reason. However, this rule has significant exceptions, particularly in cases involving wrongful termination.
Here, the Los Angeles employment law attorney at the Leichter Law Firm, APC, Aryeh Leichter, provides an overview of the legal recourse options.
Filing a Claim with the California Civil Rights Department (CRD)
If employees believe they were terminated based on discrimination, harassment, or retaliation for exercising their legal rights, such as reporting illegal activities or refusing to engage in illegal acts), they can file a claim with the CRD.
California law prohibits termination based on race, gender, sexual orientation, disability, pregnancy, religion, age, marital status, and other protected categories. The CRD will investigate the claim, and if it finds merit, it may help the employee settle the case or file a lawsuit on their behalf.
California Residential Manager Whistleblower Protections and Retaliation Claims
Under California law, employees in the residential management industry who report law violations or unsafe working conditions are protected from retaliation. They can file a retaliation claim if they are terminated due to whistleblowing. The employee can seek compensation for lost wages, reinstatement, and other damages. These claims can be filed with the CRD or directly in court.
California Residential Manager Breach of Contract Claims
If the employee had an employment contract, whether written or implied, based on company policies or oral promises, they might have grounds for a wrongful termination lawsuit if the employer violated the terms of that contract.
California recognizes an implied covenant of good faith and fair dealing in employment contracts. If the termination violated this covenant, the employee might have a claim.
California Residential Manager Public Policy Violations
Wrongful termination claims can be based on violating public policy, such as firing an employee for refusing to break the law, performing a statutory obligation, exercising a statutory right or privilege, or reporting a violation of public policy.
Employees can file a lawsuit for wrongful termination, violating public policy, and seeking damages, including lost wages, benefits, emotional distress, and potentially punitive damages.
California Residential Manager Constructive Discharge
If an employer creates or allows working conditions to become so intolerable that a reasonable person in the employee’s position would feel compelled to resign, this may be considered a “constructive discharge.”
Constructive discharge is treated as wrongful termination, and the employee can file a lawsuit seeking similar remedies as in a direct wrongful termination case.
Contact a Skilled Residential Manager Employment Law Attorney
Given the complexity of wrongful termination laws and the specifics of the residential management industry, employees are advised to consult with an experienced employment attorney who can evaluate their case, explain their rights, and help them navigate the legal process.
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and residential manager employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique workplace circumstances, starting with a free consultation by calling (818)-915-6624 or contacting the firm online.