In California, most employees are at-will employees, meaning that they can quit whenever they like with no penalty, and generally, an employer can fire a worker for any reason or no reason at all. However, even under at-will employment laws, there are limits on the reasons for which an employee can be fired. Workers who believe they have been wrongfully terminated should talk to a Santa Clara, CA wrongful termination lawyer to discuss their rights and potential legal recourse.
Even under at-will employment, some firings constitute wrongful termination. While the employer of an at-will employee can terminate that employee without cause, that does not mean that all terminations are permissible. There are certain circumstances where termination – even in an at-will employment relationship – can be illegal. Federal law sets forth the reasons that are not permissible for firing an employee, even in an at-will employment jurisdiction. Those reasons include:
In addition to terminating an employee on the basis of a protected characteristic, it is also illegal to fire an employee in retaliation for filing certain complaints, including whistleblowing about illegal practices. Protected actions include:
Employer retaliation against employees, up to and including firing, can also occur in response to other protected employee actions, including:
While federal law provides extensive employment protections, even in an at-will employment state like California, state law adds to those protections in many ways. Employees with concerns about retaliation or unlawful firing should consult with a Santa Clara, CA wrongful termination lawyer as soon as possible to discuss the specifics of their situation.Â
In some cases, wrongful termination can be difficult to identify and establish, but that does not mean employees should give up on protecting their rights. Working with an experienced Santa Clara, CA wrongful termination lawyer is often the best way to determine what legal options exist for terminated employees.
The Law Office of Jeannette A. Vaccaro has experience with a wide variety of employment law cases, including wrongful termination lawsuits. Contact us today if you have been fired and believe that your former employer acted wrongfully in terminating your employment. We offer a free case evaluation.
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.