In “at-will” employment states, employers typically retain the right to terminate an employee’s tenure for any reason. Wrongful termination, however, occurs when an employer fires an employee for an illegal reason, such as retaliation or discrimination. Your rights matter, and at-will employment does not give your employer a license to break the law.
Wrongful Termination
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Wrongful Termination Attorneys
Employment in California is considered “at will,” meaning an employer typically can fire its employees for any reason or no reason – but an employer cannot fire an employee for an illegal reason. Such illegal reasons may include:
- Disciplining, demoting or firing you because you complained about conduct by the employer you reasonably believe is unlawful.
- Disciplining, demoting or firing you for participating in a government investigation about your employer’s conduct.
- Disciplining, demoting or firing you because you raised concerns about workplace safety or workplace conditions.
- Disciplining, demoting or firing you because you complained about discrimination or harassment toward you or a co-worker.
The attorneys at Olivier & Schreiber have extensive experience representing employees who have been wrongfully terminated. Contact us to see if we can help.
FAQs About Wrongful Termination in California
What are common examples of wrongful termination in California?
Wrongful termination instances may include being fired because of your race, gender, age, or disability. It is also illegal to be terminated for reporting harassment, taking a protected medical leave, or complaining about unsafe working conditions.
How can I determine if my termination was illegal under California law?
The key question in determining whether your firing was illegal is whether it was linked to a protected characteristic (like your age or race) or a protected activity (like reporting harassment). If you suspect your termination was not just unfair but unlawful, a good step is to contact an employment attorney who can provide a clear evaluation of your situation.
Can a wrongful termination claim address systemic issues within a company?
While a wrongful termination claim is an individual action, it can shed light on and challenge systemic problems within a company, such as a culture of harassment or a pattern of retaliating against those who speak up. A successful claim can not only bring justice to the individual but can also motivate a company to change unlawful policies and practices.
What are the potential outcomes of a successful wrongful termination claim?
A successful claim may include the recovery of lost wages and benefits, wages you are projected to lose while finding a new job, and compensation for any emotional distress which was caused by the unlawful firing. In certain cases, there may also be punitive damages awarded.
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