Have you been fired wrongfully? Let go for unlawful reasons? Retaliated against by your employers? We are here to help.

California recognizes at-will employment, which means that a person can be terminated for almost any reason. As an employee, however, you have certain rights that cannot be violated. You cannot be let go due to race, sexual orientation, pregnancy, disability, or the decision to speak up about unlawful workplace conditions or untenable actions. If you believe that you were fired on one of these bases, you may have legal recourse to file a lawsuit.

We understand the hardship that comes with losing your job, especially if it feels like that job was taken away from you. Our attorneys will work tirelessly to guide, protect, and defend you during this vulnerable time. We are here not only to help you speak up about unfair termination, but also navigate the tortuous path that follows.

Bases for Wrongful Termination

Though California is an at-will employment state, there are certain limitations on the reasons for which an employee can be fired. Some of the grounds upon which an employee cannot be terminated are as follows:

1. Race
2. Religion
3. Age (over 40)
4. Disability, mental and physical
5. Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
6. Sexual orientation
7. Marital status
8. Medical condition
9. For reporting safety violations
10. For reporting or refusing to engage in illegal conduct
11. For taking a medical leave
12. For applying for workers’ compensation
13. For participating in union activities
14. For filing and/or participating in a lawsuit seeking unpaid wages
15. For participating in investigations or lawsuits related to discrimination or harassment experienced by another employee
16. For being associated with (meaning a friend or family member) of an employee with a protected characteristic or engaged in protected activities
17. For being a victim of domestic violence and/or stalking
18. Parents who take time-off to participate in school activities
19. Military and veteran status
20. Ancestry/ National origin
21. Gender identity, gender expression
22. Genetic information

Retaliation

An employer is not allowed to “retaliate” against an employee for reporting harassment, discrimination, or illegal conduct. This means that an employee cannot be punished for speaking up about workplace conditions. This is true for an employee who files a claim, participates in an investigation, or helps another employee do so. Actions that constitute retaliation are:

1. Falsifying negative performance reviews
2. Overlooking the employee for promotions or raises
3. Termination due to a report of unlawful conduct

Disclaimer

While we hope that the site contains useful information, this website is designed for general information and you should not rely on this website or its contents as a source of legal advice, and obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. This website is not intended to be used by or relied upon by employers or by anyone outside of the state of California. In addition, although the firm is proud of its prior results, such prior results do not guarantee a similar outcome in any future matter. This is attorney advertising and the attorney responsible for this advertising is Lior Barkodar