Wrongful Termination
California and federal employment laws protect you from being fired for discriminatory, retaliatory, or other Unlawful reasons
Being fired from your job can be a stressful and life-altering experience. How am I going to take care of my family or how am I going to keep my house or apartment may be some of the things you are thinking about as you are being escorted out of your employer’s office. In many cases, you were not given a reason as to why you were fired or the reason that was provided may be false.
California is an at-will state. This allows employers to terminate an employee’s employment at anytime, for any reason, and without any notice. However, employers are prohibited from firing employees for reasons that violate public policy or state and/or federal laws.
Common reasons for a wrongful termination include the following:
- Firing an employee for engaging in protected activity such as filing a complaint or lawsuit or reporting the employer’s illegal practices or activity
- Firing an employee for refusing to engage in illegal practices or activity
- Firing an employee for taking medical leave or requesting disability accommodations
- Firing an employee as a result of their race, color, ancestry, national origin, religion, age (at least 40), disability, sex, gender, sexual orientation, gender identity, medical condition, including pregnancy, genetic information, marital status and military or veteran status
It is important to know that an employer does not have to fire you for wrongful termination to apply. When an employer creates intolerable working conditions, which leads to an employee’s resignation, the employee’s resignation may be treated as termination or “constructive discharge.” In other words, Constructive Discharge occurs when an employee’s job conditions have deteriorated or became so hostile, that he or she has no other choice, but to resign.
If you have been terminated or forced to resign, it is important that you immediately contact Nahavandi Law for a free case evaluation. Our attorneys have substantial experience in labor and employment law and you will not pay any attorney fees unless there is a recovery.
