Wrongful Termination

Most California employees are employed “at-will” meaning that they can be fired at any time and for any reason with or without cause.  Under certain circumstances, however, the termination is considered “wrongful” under California law.  Typically, a wrongful termination exists when an employer fires an employee for an unlawful purpose and which violates public policies contained in statutes, regulations or constitutional provisions.

Examples of wrongful termination under California law include:

• Terminating you on the basis of your race, gender or sex, religion, national origin, disability, marital status, pregnancy or sexual orientation;
• Terminating you after you reported unsafe working conditions to a governmental entity;
• Terminating you for reporting unlawful or illegal activity, such as the employer’s failure to provide meal or rest breaks or failure to pay overtime wages;
• Terminating you for reporting or complaining of sexual harassment and/or discrimination;
• Terminating you for reporting your employer’s illegal conduct, unethical or fraudulent activity to a government agency; and
• Terminating you for filing a workers’ compensation claim or for taking medical leave.

The laws concerning wrongful termination are very complex.  For example, an “independent contractor” may not sue on a claim for wrongful termination because the law requires an employer-employee relationship.  Also, some employees who are not technically fired but pushed out of the workplace due to intolerable working conditions may have a claim for wrongful termination on the theory of constructive discharge.

Kletter Law Firm’s dedicated employment lawyers can help you evaluate your case and determine if you are entitled to compensation as a result of your termination.

If you feel you have been wrongfully terminated, contact us at 415.434.3400 or online to discuss how we can help you.