Los Angeles Wrongful Termination Lawyer

In such cases, an important distinction must be made between employees versus independent contractors. In recent years, the line between the two classifications of workers has been shifting. For example, California legislators have been pushing to reclassify ridesharing drivers (such as Uber and Lyft) as employees. With certain exceptions, in order for a worker to be considered an independent contractor, their employer must prove that:

1. the worker is free from the control of the employer
2. the worker performs work outside the usual business of the employer; and
3. the worker has an independent trade for the type of work performed

Independent contractors are legally exempt from many of the protections provided to employees.

Californians are protected from unlawful discrimination by the Fair Employment and Housing Act (FEHA). The FEHA provides a long list of reasons why a worker may not be terminated from their employment (including some of those listed above). In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes, or seek to disadvantage their hiring prospects. It should also be noted that all Californians, regardless of their immigration status, are covered by state employment laws. This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen. Californians, like all Americans, are also protected by federal laws and the Equal Employment Opportunity Commission.