fired Wrongful Termination

Wrongful termination law is often misunderstood and a wrongful termination lawyer can go a long way towards understanding your rights.  The starting point in California wrongful termination law is that California is an at-will employment state.  This means that an employee can quit his or her job at any time and can also be terminated at any time.  An employee can be terminated for a good cause, such as stealing or not performing his or her job correctly.  An employee can also be terminated for no cause, such as if your boss simply doesn’t want to work with you anymore because your boss doesn’t like working with you.

 

However, an employee cannot legally be terminated for a bad, or in other words illegal, cause.  Wrongful termination occurs when an employee is terminated based on a reason that is protected.  For example you cannot be terminated because you are:

 

  • Hispanic (ethnicity)
  • Chinese (national origin)
  • Indian (race)
  • Male/female (gender)
  • Pregnancy/maternity leave (gender)
  • Handicapped (disability)
  • Jewish (religion)
  • Complaining about a state or federal law violation (whistleblower retaliation)
  • Over 40 years old (age)
  • Family/medical leave (Family Medical Leave Act)
  • Unwilling to engage in sexual acts with your boss/employer (quid pro quo sexual harassment)
  • Complaining about not being paid wages (wage dispute)
  • Rest, break, or meal time violations
  • Injured on the job/filing a workers’ compensation claim (workers’ compensation)
  • Homosexual/heterosexual (sexual orientation)
  • Join a union (National Labor Rights Act)
  • Libertarian (political affiliation)
  • Protesting unsafe work conditions (whistleblower retaliation)
  • Time off for jury duty/appearing in court under subpoena/seeking a restraining order for domestic violence (Labor Code 230)
  • Time off to vote (Elections Code 14000)

 

This list is just an example and their might be other reasons which are illegal which are not included herein.  If you have suffered a wrongful termination then you need a free consultation with a wrongful termination lawyer.  Stevens & McMillan is ready to discuss wrongful termination law with you and advise you to your wrongful termination rights under wrongful termination law.  Please contact Stevens & McMillan at (800) 738-3353 for a free consultation regarding your wrongful termination claim. This article has only touched on the general scope of the law and is for information purposes only. This article is not intended to give legal advice.

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