Wrongful termination can be incredibly frustrating and threaten your livelihood. California
is an at-will employment state, but there still are protections for workers.
At-will employment laws allow your employer to dismiss you without providing
a reason, but there are certain factors that hinder a company’s
ability to fire employees. These are:
- Fraud or misrepresentation
- Retaliatory discharge
- Violations of employment contracts
- Firing after inducement
- Implied contracts
- Violations of public policy, such as sexual harassment and pregnancy discrimination
If you have a contract which guarantees you continued employment for a
set amount of time, your employer has limited actions they can take to
terminate you. Unless they can prove a strong reason for your termination,
such as illegal activity, your employer cannot break your contract. The
contract may be a written or oral agreement, or can be
implied by certain actions or statements by your employer.
California recognizes protected employee characteristics that may not be
used as grounds for dismissal. These characteristics include:
- National origin
- Genetic information
- Sexual orientation
- Gender identity
- Citizenship status
- Marital status
- AIDS/HIV status
- Medical conditions
- Political beliefs or activities
- Military or veteran status
- Status as a victim of domestic violence, stalking, or assault
Individuals who are terminated based on one of the above characteristics
can sue for wrongful termination or discrimination.
In California, an employee cannot be fired for exercising or enforcing
their employment rights. These rights include filing a complaint about
harassment, requesting to take
medical or family leave, serving jury duty, filing worker’s compensation claims, or filing
illegal hour or wage practices. California offers many protections for workers from retaliatory actions.
Violation of Public Policy
Employees also may not be fired for exercising their rights, refusing to
participate in illegal activity, or
complaining about illegal workplace actions. Employers cannot fire employees for exercising their rights or filing
a complaint about being denied their rights. Claims filed for retaliation
are considered personal injury claims, and emotional damages may also
How Can Marder Employment Law Help You?
Your rights are important, and if your employer has violated them by terminating
you for an unlawful reason, you need the dedicated legal advocacy that
Attorney Bill Marder offers. He focuses on a number of employment law areas, including retaliation,
wrongful termination, unpaid wages, sexual harassment, and disability
With over 20 years of experience, Attorney Marder has the skills and knowledge
to take on your case. He will review the details of your employment and
investigate the cause of your termination. If any laws have been violated,
you can trust Mr. Marder to see your case through and fight for your rightful
damages. You may be able to recover back pay, lost wages, emotional distress
damages, lost benefits, and punitive damages.
free initial consultation with our Hollister employment law attorney today!
Contact Marder Employment Law to begin your case.