Wrongful Termination

YES! In California, the relationship of employer and employee is generally “at will.” This means that, without an employment contract, the employer or the employee can terminate the employment relationship at any time, with or without cause. However, an employer CANNOT fire you for any reason that violates state or federal law. Having a wrongful termination lawyer will help prove that you were fired for illegal reasons.

• Anti-Discrimination Laws
• Anti-Retaliation Laws
• Protected Activities
• Violations of Public Policy

Both state and federal statutes prohibit termination on the basis of certain characteristics. This means that you CANNOT be fired based on your:

• Age, for people 40 and older
• Gender identity, gender expression, and transgender status
• Marital status
• Medical conditions (including genetic characteristics and genetic information)
• National origin and ancestry (including driver’s licenses for undocumented workers)
• Physical or mental disability
• Pregnancy, childbirth, breastfeeding, and related medical conditions
• Race and color
• Religion
• Sex (including sexual harassment)
• Sexual orientation
• Military and veteran status
• Union activity

Your employer cannot terminate you because you exercised a right granted by a state or federal statute. This includes refusing to violate the law, blowing the whistle on illegal activities, and more. Whistleblower claims are continually on the rise. A wrongful termination lawyer will assist you in showing that you were retaliated against.

Your boss cannot fire you for participating in activities that are protected by law. Examples include:

• Being subject to wage garnishment
• Disclosing or refusing to disclose wages
• Voluntarily participating in an alcohol or drug rehabilitation program
• Refusing to authorize the disclosure of medical information
• Jury duty
• Political Activity
• Military service
• Acting as volunteer firefighter, reserve police officer, or emergency rescue personnel
• Refusing to patronize employer
• Refusing to commit an illegal act
• Taking time off to appear at a child’s school about a suspension
• Taking time off for a child’s school or child care activities
• Maintaining privacy of arrest records that do not lead to convictions
• Refusing to participate in abortions
• The results of a blood test for AIDS
• Serving as an election officer on Election Day
• Reporting apparent victims of abuse or neglect, as obligated by statute
• Disclosing information on a violation of law to a government or law enforcement agency