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
Wrongful Termination Due to Contract Claims
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.
Wrongful Termination Due to Discrimination
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.
Retaliation and Wrongful Termination
In California, an employee cannot be fired for exercising or enforcing their employment rights. These rights include filing a complaint about discrimination or harassment, requesting to take medical or family leave, serving jury duty, filing worker’s compensation claims, or filing complaints about illegal 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 be rewarded.
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 discrimination.
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.
Schedule a free initial consultation with our Hollister employment law attorney today! Contact Marder Employment Law to begin your case.