Most employees in California are classified at-will. In principle, this implies that employees may quit their jobs anytime they choose, and employers can dismiss them for whatever reason they want unless the reason is prohibited under state or federal law.
Employees are frequently dismissed without cause. Wrongful termination is a word used to describe this situation. While an employee might be fired illegally for a variety of reasons, some are more prevalent than others. We’ve listed four of the most common causes for wrongful termination below.
Discrimination
Employers are banned from terminating someone on the basis of their membership in a protected class under both state and federal law. When it comes to job discrimination, California law provides more protection than federal law. A worker cannot be discriminated against under the Fair Employment and Housing Act because of:
- If an employee is over the age of 40, their age;
- Pregnancy
- Genetic information
- Medical condition
- Race
- Color
- National origin
- Ancestry
- Religion
- Physical or mental handicap
- Physical or mental disability
- Gender, gender identity, or gender expression
- Marital status
- Sexual orientation
- Service in the military or as a veteran
To put it another way, an employer cannot terminate a worker for any of these attributes. A California employment lawyer can help you assess if you have a claim against your employer if you were dismissed for a discriminatory cause.
Retaliation
Employers in California must abide by a variety of rules, including those governing workplace safety and the payment of salaries to non-salaried workers. An employee has the right to report a breach of one of these laws if they feel their employer has done so. It may be deemed unjust termination if their employer terminates them for filing a report (to a supervisor, human resources, or even a government body).
Employers are also prohibited from retaliating against employees who report or complain about discrimination or harassment. If you report a coworker who is sexually harassing you to your employer and are fired as a result, you may have grounds for a lawsuit.
Taking Time Off from Work That Is Legally Protected
There are a variety of instances in which employees are legally permitted to take time off under California and federal law. An employer may be breaking the law if they fire an employee for taking time off in compliance with the law.
If you have a legal right to leave, such as paid sick leave, it is typically illegal for your employer to terminate you for taking use of that privilege. If this has happened to you, you should get legal advice from a California employment attorney.
A Reason that is Against Public Policy
In addition to what is stated in California law, if an employer terminates a worker for a cause that is against public policy, it may be considered an unlawful termination. If the policy is backed by constitutional or statutory provisions, the policy benefits the general public, the policy was well-established when the employee was dismissed, and the policy is basic and significant, the termination may be found to have violated public policy.
You can refuse to perform something illegal, such as discharge toxic chemicals into a body of water, if your employer asks you to. If you are dismissed as a result of your refusal to breach the law, you may be eligible to submit a wrongful termination claim. Because these issues are complicated, it is important to speak with a California employment lawyer if you suspect you were dismissed for violating public policy.
Employees who have been treated unfairly at work, including those who have been unlawfully dismissed, are represented by PLBH. Contact us immediately at (800) 435-7542 or info@plblaw.com to schedule a consultation with a member of our staff if you were fired illegally.