California Employment Law Attorneys
Wrongful Termination
Wrongful termination occurs when an employer terminates an employment relationship in violation of the legal rights of the employee. In California, wrongful termination claims may arise when an employer violates a state or federal statute, general public policy principles, the labor contract of the worker, or some other aspect of the law.
If you’ve been fired from your job, you might have a lot of questions. Was it lawful for my employer to fire me? What will happen next? Knowing your legal rights may help you get your job back or sue your employer for wrongful termination.
What is Wrongful Termination?
Wrongful termination applies to many areas and each category contains further variables to be considered in every individual case. If you feel that you were let go from your job for any reason that falls within one of the following categories, it is important that you contact our law firm today.
Categories of wrongful termination include, but are not limited to:
- Age
- Constructive termination – hostile work environment
- Gender
- Gender identity (i.e. transgender, etc.)
- Mental disability
- National origin
- OSHA retaliation
- Physical disability (FEHA or ADA)
- Political affiliation
- Pregnancy
- Maternity leave
- Race
- Religion or religious practices
- Retaliation against health care workers for reporting safety concerns
- Retaliation for complaining about unpaid wages or overtime
- Retaliation for reporting Labor Code violations, such as failure to provide meal or rest breaks
- Retaliation for workplace health and safety complaints
- Sexual orientation (i.e. homosexual, bi-sexual, etc.)
- Use of Family Medical Leave (FMLA or CFRA)
Learn about California Laws that Prohibit Retaliation and Discrimination.
Learn more about Wrongful Termination Laws.
Contact our offices to learn more about ways a California employer can wrongfully terminate an employee.
“At-will” employment is not an excuse for wrongful termination
Employment “at-will” just implies that a representative does not have an agreement for a specific period of time. The employee can be terminated at the will of the organization.
Most California employees are considered to be employees “at-will”. At-will employment means the employee is free to leave their jobs at any time and employers are also free to terminate the employee at any time for any legitimate reason— or even for no reason whatsoever.
Be that as it may, while we hear the “at-will” popular expression from businesses, firing a representative for an unlawful reason is still a wrongful termination. This happens each time a business chooses to terminate an employee as a result of a protected characteristic, for example having a disability. Unlawful terminations happen each day and are regularly committed by some of the biggest organizations.
Why wait and suffer any longer? Contact our Wrongful Termination Attorneys in California
No one should have their civil rights violated, especially in the workplace. If you believe that your rights as an employee have been violated in an illegal firing, we can help. We will make sure that you understand your rights as a worker and we will fight to defend those rights in and out of court.
If you feel you have been released from your job unlawfully, call Potter Handy today at (415) 534-1911 or email us to schedule a free, confidential consultation.