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Santa Clara, CA Wrongful Termination Lawyer

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Santa Clara, CA Wrongful Termination Lawyer

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.

Exceptions to At-Will Employment Firings

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:

  • Race, including national origin
  • Sex, including pregnancy, gender identity, and sexual orientation
  • Physical or mental disabilities
  • Religion
  • Political affiliation
  • Age if the employee is 40 years old or older

Termination that is Retaliatory May Be Illegal

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:

  • Reporting illegal activities, including violations of employment law
  • Reporting discrimination or harassment
  • Filing a workers’ compensation claim
  • Complaining about workplace health or safety conditions
  • Filing complaints about unpaid wages or overtime
  • Reporting any violations of labor code violations

Workers Cannot Be Fired for Asserting Legally Protected Employment Rights

Employer retaliation against employees, up to and including firing, can also occur in response to other protected employee actions, including:

  • Taking legally protected time off, such as leave after the birth of a child under the California Family Rights Act.
  • Taking protected sick leave under the Healthy Workplaces, Healthy Family Act;
  • Asserting rights that are protected by various other state laws, including the Fair Employment and House Act, the New Parent Leave Act, the Age Discrimination Act, and other California statutes.

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. 

Learn How a Santa Clara, CA Wrongful Termination Lawyer May Be Able to Help

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.

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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.

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Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.

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Think You May Have A Case?

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.

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