Wrongful Termination

Were You Fired For an Illegal Reason?

Being fired from a job is one of the most difficult and stressful experiences you can go through. However, only certain terminations are unlawful. How can you tell when a termination is unlawful versus simply unfair? Talking with a wrongful termination lawyer about the details of your specific situation may help make things more clear.

Most employment in California is “at will,” meaning that an employer can generally fire its employees for any reason, even if it seems unfair. However, if an employer fires you for an unlawful reason, you may have a claim for wrongful termination. The primary grounds for a wrongful termination claim in California are:

• Termination based on an employee’s race, national origin, sex, religion, age, marital status, sexual orientation, gender identity, and/or medical condition;
• Terminating an employee for opposing harassment or discrimination;
• Terminating an employee for filing a complaint about an employer’s unlawful practices, such as harassment, discrimination, or wage and hour violations;
• Terminating an employee for testifying or assisting in a lawsuit or investigation about unlawful employment practices; and
• Terminating an employee for reporting potential legal violations by their employer to a government or law enforcement agency (“whistleblowing”).

California also recognizes claims for wrongful “constructive” termination, even where an employee was not fired by their employer. Constructive termination occurs when an employer – motivated by an unlawful reason – effectively forces an employee to quit by making their work conditions unbearable.