Wrongful Termination and Retaliation

California is an “at will” state, meaning that an employer can fire an employee for many reasons. However, it is illegal for an employer to terminate an employee for a discriminatory or harassment-related reason. An employer that engages in wrongful discharge can be held responsible for employment law violations.

What Is Employment At Will?

In California and throughout most of the United States, employment is typically considered to be “at will,” unless there is a contract or collective bargaining agreement between the employer and the employee. At-will employment generally means that either the employer or the employee may end the employment at any time and for almost any reason. Even under at-will employment, however, employers still may not terminate an employee as the result of discrimination, harassment or retaliation.

Employers cannot discriminate or wrongfully terminate employees based upon gender, race, religion, sexual orientation, medical condition, military service, national origin and other issues, even in at-will employment states. See more here…

Likewise, employers may not terminate employees who have been injured on the job and decide to file for workers’ compensation benefits, employees who report violations of public policy to state or federal agencies, or employees who are covered by contractual protections.

Wrongful Discharge Is Illegal

Many employees have difficulty understanding whether their employer engaged in wrongful discharge. It can be tricky for an employee to know for certain whether the employer relied on an illegal reason as cause for termination. We know how to investigate employees’ allegations of wrongful termination. We know how to collect important evidence that can bolster a claim of wrongful discharge.

It is Illegal for an Employer to Fire You For Any Of The Following Reasons:

• Because you made a complaint for discrimination based on gender, race, religion, age, pregnancy, sexual orientation or any other protected status
• Because you supported another’s discrimination complaint
• Because you complained about being sexually harassed at work or you support the claim of another
• Because you’re pregnant
• Because you served in the armed forces
• Because you requested overtime pay or additional benefits
• Because you requested time off under the Family and Medical Leave Act (FMLA)
• Because you have reported your employer, supervisor, or other employee for any violation of the law
• Because of your race, religion, ethnicity, sexual orientation, gender identity, gender expression and numerous other protected statuses
• Because you are backing a co-worker’s claim of harassment, discrimination or whistleblowing

Your employer also cannot retaliate against you for any of the above reasons. Retaliation may include termination, but can also include many other forms of adverse employment action including:

• Passing you over for a necessary training opportunity
• Denying you a promotion or raise
• Placing you on a performance improvement plan
• Issuing you negative performance reviews
• Denying you any other privilege associated with your employment