WRONGFUL TERMINATION

Employees in California are usually at-will employees (there are some exceptions). This means that either your or your employer can terminate the employer-employee relationship at any time and for any reason. 

However, employers in California are not allowed to take what’s called an “adverse action” against employees who participate in legally protected activities. What this means is that if you participate in an activity that’s legally protected, your employer cannot punish you for it. 

For example: 

• If you participate in a legally protected action such as asking for wage information for employees in the same job title, or reporting sexual harassment, so long as you do so in good faith, you cannot be punished. 

This concept extends to an employee’s refusal to take part in an illegal action directed by the employer or a co-worker, so long as there is a good faith basis for the refusal. 

In addition to the above, an employer may not terminate your employment based on

• Race
• Gender
• Gender-Identity
• Sex
• Sexual Orientation
• Age
• Disability
• Medical Condition
• AIDS/HIV Status
• Pregnancy
• Lactation
• Marital Status
• Religious Preference (with some exceptions)
• National Origin
• Reporting hazardous safety conditions
• Whistleblowing generally and in some cases additional federal and state laws for certain, specific industries
• Violation of a contract
• Filing a workers’ compensation claim
• Lawfully exercising your rights under various leave laws (such as the federal Family Medical Leave Act, the California Family Rights Act, the California Pregnancy Disability Leave, California Paid Sick Leave, leave as a reasonable accommodation under the federal Americans with Disabilities Act and the California Fair Employment and Housing Act)
• Political activities or affiliations
• Military or veteran status
• Citizenship status
• For your opposition to illegal harassment or discrimination
• Filing a complaint about illegal harassment or discrimination
• Testifying against your employer in any investigation or lawsuit involving illegal harassment or discrimination
• For refusing to violate public policy (refusing to violate an employer’s direction to violate the law), for not receiving correct notice before a mass layoff (federal and California Worker Adjustment and Retraining Notification (WARN)

If you believe that you have been wrongfully terminated, contact an employment attorney before you file for unemployment (note that a delay in filing could impact your benefits; you can learn more at www.edd.ca.gov). 

Many terminations are perfectly legal, although they may feel unfair, and these are not wrongful terminations. 

To fully understand your rights, it’s important that you contact an employment attorney to discuss the specific facts of your situation. 

Contact Michael Trust Law, APC today to discuss your situation.