Wrongful Termination
Wrongful Termination
California employment is ordinarily “at will,” meaning that your employer can terminate you for no reason or for a reason that you do not agree with. However, employers are not allowed to terminate you in violation of a law, your employment contract, or public policy.
The California Fair Employment and Housing Act (FEHA) prohibits discrimination against employees with protected status. It applies to employers with at least five employees. Under FEHA, protected characteristics include color, race, national origin, religion, ancestry, citizenship status, age over 40, disability, genetic information, medical condition, sexual orientation, gender identity, gender expression, marital status, AIDS/HIV status, political activities or affiliations, military or veteran status, and domestic violence victim status. FEHA also prohibits termination based on leave taken for certain reasons, such as pregnancy and disability leave. Some examples of violations under FEHA include:
- Being fired after asking for reasonable accommodations for your disability;
- Being fired after asking for reasonable accommodations for your religious practice; or
- Being fired after taking maternity leave.
Sometimes employment agreements specify certain terms that may be actionable in a wrongful termination claim. For example, some employers agree not to terminate without cause. If “cause” refers to misconduct or illegal activity, and you are terminated without engaging in such behaviors, you may have a wrongful termination claim.
In addition, your termination cannot be in violation of public policy. For example, your employer cannot fire you because you refused to violate a law or because you reported a legal violation by your employer.
If you believe you were wrongfully terminated from your workplace. Use the “Contact Us Now” link below for a free consultation.
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