Virtually every state in the country recognizes at-will employment, but there are exemptions. This means that employers cannot terminate employees for certain kinds of specific reasons.Â
All employees have a right to be treated fairly by their employers, but there are often situations in which people lose jobs for unjustified reasons. Although California is an at-will employment state, an employer cannot fire an employee for an illegal reason, such as a violation of state or federal anti-discrimination laws, retaliation for making a discrimination or harassment claim or participating in an investigation, reporting workplace safety violations, requesting payment of due wages, overtime, or commissions, or reporting any other illegal acts by an employer or its managers, employees, or agents.
The California Department of Industrial Relations Division of Labor Standards Enforcement states that employment within the state can be terminated at any time by either party for any reason. This does not mean that there are not certain limits to when employers can fire their employees.
Discrimination is one common kind of wrongful termination claim, as this involves an employee being terminated on the basis of their race, sex, gender, gender identity, gender expression, sexual orientation, age, disability, political activities, national origin, religion, genetic information, or status as a veteran. Discrimination and harassment are also prohibited when they are based on certain kinds of protected conduct, such as reporting discrimination or harassment, requesting reasonable accommodations for a disability, reporting or refusing to participate in unethical or unlawful conduct, requesting or taking certain types of protected leaves of absence, or lawful activities outside of work.
Unionization can be another cause of wrongful termination, as an employer cannot fire an employee for unionizing or attempting to unionize. The National Labor Relations Act of 1935 guarantees the right of employees to engage in collective bargaining, organize into trade unions, and take collective action such as strikes.
Retaliation can be another issue in discrimination claims. When an employee reports their employer for any kind of illegal conduct or actions that are contrary to the public good, the employee cannot be legally fired.
Employers are also prohibited from firing employees for filing workers’ compensation claims. Wrongful Termination can also relate to leaves of absence or other issues that may be protected by statute, with common issues often including jury duty, military leave, pregnancy, serious health conditions, or participation in voting.
Were you wrongfully terminated from your job in the greater San Francisco area? Do not wait to get in touch with The Law Office of Jeannette A. Vaccaro because we will be able to fully investigate your case and help you achieve the most favorable outcome.
Our firm understands how complicated these kinds of issues can be for most people, and we will take the time to explain all of your options to you and then walk you through all of the appropriate steps to take. Feel free to contact us online to set up a free consultation with our San Francisco wrongful termination attorney.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.