Wrongful Termination Based on Religion

In California, the employer-employee relationship is usually an “at will” relationship. This means that the employer can terminate the employee at any time for any reason. There is, however, an important exception to this general rule. Even if the employment relationship is at will, an employer cannot fire an employee for a reason that is illegal. Under both federal and state law employers cannot make termination decisions based on an employee’s religion. If an employer fires an employee because of his or her religion, that employer would have committed an illegal act of workplace discrimination. Employers who discriminate based on the religious creed of an employee face serious consequences such as penalties and fines. In addition, such employers may be ordered to pay their victims significant compensation. If you are in need of an employment lawyer because you believe you were wrongfully terminated because of your religious creed, it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on Religion Lawyer who will review your claim and explain the steps for making sure your employer is held accountable for violating the law.

According to California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, employers are prohibited from discriminating against employees based on a number of individual attributes including religion. This prohibition applies to a number of work-related actions including termination. FEHA only applies to employers with at least 5 employees, and is enforced by California's Department of Fair Employment and Housing.

Similarly, Title VII of the federal Civil Rights Act of 1964 also prohibits employers from discriminating against employees on the basis of religion. It generally applies to employers with 15 or more employees, including federal, state, and local government employers. It is enforced by the Equal Employee Opportunity Commission.

In addition to it being illegal to terminate an employee because of his or her religion, it is also against the law to retaliate against an employee for reporting the employer for violating anti-discrimination laws, or for testifying against the employer.

If you believe that you were wrongfully terminated based on your religion, you have the right to file a claim under federal or state law. You may be entitled to damages in the form of compensation, including lost pay, lost benefits and punitive damages.

• Lost pay. Lost pay is the amount of money you would have been paid if had you not been wrongfully terminated. This amount may include your base pay as well as overtime, cost-of-living increases, merit raises, and tips.
• Lost benefits. This includes the value of medical and dental insurance, as well as the value of participation in pension plans, profit-sharing plans and 401(k) plans.
• Punitive damages. This is an additional amount that the court may order the employer to pay in cases where the employer’s actions were particularly egregious.

Keep in mind that it is important to proceed quickly with your claim, as discrimination claims are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. In the case of a California discrimination claim, the amount of time depends on whether the claim is brought under California’s Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964. Under Title VII, the statute of limitations is normally 180 days after date of the discriminatory act. If the employee chooses instead to pursue remedies under FEHA, a complaint must be filed with the Department of Fair Employment and Housing within one-year of the alleged discriminatory act. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

If you are the victim of wrongful termination, harassment, or discrimination in the workplace based on religion, you should discuss the specifics of your case with an experienced employment lawyer right away. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients who have claims against their employers for wrongful termination claims, wage-and-hour claims, and other employment-related issues. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.