California – like all other states in the nation – is what is known as an at-will employment state, and this means that either the employee or the employer can terminate the employment agreement for nearly any reason. There are, however, limitations regarding an employer’s basis for firing an employee, and these relate to wrongful termination. If you believe that you’ve been let go for a reason that is not allowed by law, seek the skilled guidance of an experienced wrongful termination attorney in the Bay Area.
While the State of California recognizes at-will employment, there are a range of prohibitions that apply, and one of the most common is discrimination. Employees cannot be fired on the basis of any of the following:
Employees cannot be retaliated against on the job for reporting the illegal practices of their employers – or for reporting employer practices that go against the greater good – which is called retaliation for whistleblowing. The same is true in relation to all the following:
While your employer has the right to set your schedule and to require you to be on the job in accordance with it, there are certain instances when employers must allow leave, including:
The National Labor Relations Act affords all employees in the private sector the fundamental right to seek better working conditions and designation of representation without fear of retaliation. As such, employers can’t terminate employees for either unionizing or attempting to unionize.
Some jobs come with contracts that afford job protection by including limitations on when and how the employee can be fired. Usually, this means including terms that define good cause for termination, and any reason for termination beyond this scope can be deemed wrongful.
Further, all parties to contracts are governed by an implied covenant of good faith and fair dealing, which means neither can engage in any practice that interferes with the other’s ability to enjoy the benefits of the agreement. When an employer interferes with an employee’s ability to accomplish their work duties, such as via lies, evasion, lack of communication, deliberate inaction, or any other form of obstruction, it can be the basis for a wrongful termination claim.
The practiced wrongful termination attorneys at Olivier & Schreiber LLP in the Bay Area have the keen legal insight and skill to help guide your claim toward an optimal outcome. Learn more about what we can do for you by contacting us today.
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