Looking for law relating to Organizational Changes/Elimination of position. California Wage and Hour Laws and Issues. Likewise, your employer cannot fire you for participating in an investigation of a discrimination complaint (no matter who made the complaint), testifying in court, or making other efforts to stop discriminatory practices. If you work for a municipality, there may be regulations that guide this but if you are private sector, it's whatever they wish to offer absent a contract. However, you should check to make sure. B. Under both federal and state laws, an employer may not fire an employee for a discriminatory reason that is unrelated to the worker’s job performance. Home > Labor Law > Trap for the Unwary: Elimination of the Position as Opposed to Termination for Cause. What Makes California Employment Law Different ... and How to Deal With It . If this is your first visit, be sure to Federal law prohibits employers from firing employees based on race, color, national origin, sex, pregnancy, religion, age (if the employee is at least 40), disability, citizenship status, or genetic information. In 2020, employers with 25 or fewer employees must pay $12 per hour, while employers with 26 or more employees must pay $13 per hour. Employees who are laid off are generally eligible for unemployment benefits, as long as they meet California’s earning requirements and make active efforts to look for a new job. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. I was told at the time I was let go, that the position could not be reinstated to another person for 1 yr. and that if the Dr. that was currently managing the practice wanted a hospital director before that year was up that I would be contacted. However, the prohibition against age discrimination applies to employers with 20 or more employees, and the ban against citizenship status discrimination applies to employers with only four or more employees. In public service, you will spend every day doing work that is vital to your state and your community. Once an employee works ten hours in a workday, he or she is entitled to a second 30-minute unpaid meal break. you are not entitled to severance unless there is an established company policy on it. If your employer fires you in violation of the terms of the contract, you may have a strong claim against your employer.An employment contract may be formed by a written or oral agreement. The “at-will” employment rule in California says that most jobs can be terminated by the employer at any time. But what if you were fired during the pandemic? In other words, I'm a free agent. Author: Jennifer K. Achtert, Fisher Phillips Summary. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. For … If not, you may also have to file a complaint with the EEOC; you can find contact information for the nearest office at the EEOC’s Field Offices page. "At-will employees may be terminated for any reason, so long as it's not illegal. There is no law that says they must offer you severance. Having offered it in past RIF's does not entitle you to severance now. Employees in California are entitled to meal and rest breaks. But this is not a comprehensive list of California employment rights, which are some of the most protective of employees in the nation. Members … All California employers, regardless of size, may not permit employees to be harassed on the basis of these characteristics. Re: job elimination law Since you apparently don't fall into the 'factory closing' rules, none is legally required beyond that in your company policy and handbook. There is no law that says they must offer you severance. This means the company is free to terminate you for any reason or no reason (other than an unlawful one). The attorney listings on this site are paid attorney advertising. See Health and Safety. Position Elimination. I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. Updated December 2, 2020. In order to succeed with this argument, you would have to show that your former employer intentionally created or knowingly allowed working conditions that violated public policy (such as laws requiring a safe work environment) and were so intolerable that any reasonable person in your position would have been compelled to resign. This means that an employer can fire or lay off an employee at any time with no reason. Other states have stricter laws. Morally, as much as is reasonable, taking into account your assessment of the risk this person could cause damage if not 'walked out'. Fortunately, under California law, quitting is sometimes legally treated the same as if you’d been fired. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. Generous Benefits. The services our employees provide are truly essential to the people of California. For instance, it would generally be illegal for your employer to fire you: Also, if you were essentially forced to quit your job because of serious coronavirus-related safety hazards that put you at risk, you might have grounds to sue your employer for “wrongful constructive termination” in violation of public policy. 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