If you recently lost your job due to a company downsizing, you may wish to determine which of your coworkers also lost theirs. Why? Because if you discover that significantly more of you are women or older workers or some other protected group, you may have a legitimate disparate impact cause of action against your former employer.
What constitutes a wrongful termination?
As its name implies, a wrongful termination occurs when your employer fires you illegally. Even though California is an at-will employment state, meaning that either you or your employer can terminate your employment whenever one of you wishes, certain situations exist under which your employer cannot fire you without facing legal consequences for his or her wrongful action.
Has your employer asked that you work off the clock?
Being "on the clock" is a common phrase California residents and people elsewhere use to mean that they are working. However, it also means that individuals who receive hourly pay have clocked in and are performing their work-related duties. Clocking in is important to hourly workers because that timestamp helps keep up with their hours worked and, essentially, the amount of compensation they have earned between clocking in and clocking out.
How common is age discrimination in California?
According to the California Employers Association, an estimated 24% of the workforce will be over the age of 55 by 2024. Federal law prohibits discrimination in employment matters on the basis of age, as does the California Fair Employment and Housing Act.
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