Wrongful Termination Attorneys Near Me

Wrongful Termination Attorneys Near Me

The California Department of Industrial Relations Division of Labor Standards Enforcement states that employment in the state may be terminated at any time by either party for any reason without penalty, and no notice is required unless there is an agreement to the contrary. While state law generally permits employers to terminate employees for any reason, the cause of a firing cannot be discriminatory, as any kind of discrimination could be grounds for legal action.

People also cannot be fired for retaliation when they make a discrimination or harassment claim or participate in an investigation, report workplace safety violations, request payment of due wages, overtime, or commissions, or report any other illegal acts of an employer. The simple truth of the matter is that an unjustified firing places an employee in a difficult spot because not only have they lost their regular income, but they are now attempting to find a job while explaining that they were fired from their previous position.

Wrongful Termination Laws in California

The United States Equal Employment Opportunity Commission (EEOC) reports that there were 61,331 total discrimination charges filed in the fiscal year 2021, which was the lowest total of the past 25 years. Of these cases, 20,908 were related to race, 18,762 were sex, 34,332 were related to retaliation, and 22,843 were disability.

People should contact the California Civil Rights Department when they believe they were terminated based on their race, religion, gender, color, national origin, ancestry, disability, medical condition, marital status, age (over 40), sexual orientation, or denial of family medical leave. Other common kinds of discrimination involved in wrongful termination cases can include, but are not limited to:

• Unionization — Firing employees for unionizing or attempting to unionize is a violation of the National Labor Relations Act.

• Retaliation — An employee cannot be fired for reporting an employer’s illegal conduct or actions or filing a workers’ compensation claim.

• Leaves of Absence — Multiple leaves of absence will be protected, including leaves for jury duty, military leave, pregnancy, serious health conditions, and participation in voting.

• Breach of contract — An employer cannot violate the terms of an employment contract, and people fired before the end of a contract or without due notice required by an agreement can have a wrongful termination case.

• Refusal to participate in illegal activity — A person cannot be fired for refusing to participate in unlawful activity, such as fraud, embezzlement, or violations of environmental or safety laws.
• Whistleblowing — A person who reports an illegal activity will be covered by The California Whistleblower Protection Act, and violations of federal laws or regulations are protected under the federal Whistleblower Protection Act.

Contact Our San Francisco Wrongful Termination Attorney

Do you think that you were wrongfully terminated in the greater San Francisco area? It will be important to seek legal assistance, and Olivier & Schreiber, LLP has recovered millions of dollars for its clients in a variety of employment law cases.

Our firm has handled scores of employment law cases and will work tirelessly to help you get justice in your case. You can contact us online to schedule a free consultation with our San Francisco wrongful termination attorney.