You might have heard that you can be fired for any reason when you are an at-will employee. This is mostly true, but there are exceptions. For example, you cannot be fired for an illegal reason. If you were terminated and you think that violated your rights, contact a San Diego employment lawyer at Jimenez Loayza, APC for help. We can review your situation during a free confidential consultation.
Grounds for Wrongful Termination Claims in California
There are several possible grounds for bringing a wrongful termination claim in California, such as if the termination was:
Discriminatory
Federal and state laws prohibit discrimination on the basis of various characteristics, which precludes an employer from terminating an employee or making work conditions so intolerable that an ordinary person would be unable to continue working there. These characteristics include:
- Race
- National origin
- Color
- Ethnicity
- Ancestry
- Age, if 40 or older
- Religion
- Sex
- Sexual orientation
- Gender identity
- Actual or perceived disability
- Medical condition
- Genetic information
- Military or veteran status
- Being a nursing mother
- Being a victim of domestic violence, assault, or stalking
Additionally, it is illegal to terminate an employee in retaliation of the employee opposing harassment, filing a complaint about harassment or discrimination, or assisting in any investigation or lawsuit regarding discrimination on any of the above-listed grounds,
In Retaliation for Reporting a Work Injury
Workers’ compensation is a no-fault insurance system that allows workers injured while performing their job duties to seek medical benefits, partial wage replacement, and other benefits without having to prove their employer was negligent. It is illegal for an employer to try to terminate an employee for reporting a work injury or filing a workers’ compensation claim against them.
For Being a Whistleblower
Whistleblowers inform the government about illegal practices, fraud, or misuse of public funds. These heroic individuals report the actions of their employers to help prevent harm. There are laws to protect whistleblowers from retaliation.
In Violation of a Contract’s Terms
Not all workers are considered at-will workers. For example, they may have an employment contract that says they can only be terminated “for cause.” If they are terminated in violation of their contract, this may be a wrongful termination.
Against Public Policy
It may also be considered wrongful termination if an employee was fired for refusing the employer’s instruction to break the law or take other action considered against public policy.
Due to Making Wage and Hour Complaints
Employees have a right to be paid the minimum wage and overtime pay as appropriate. If an employee makes a wage and hour claim, their employer cannot fire them for exercising this right.
Taking Protected Leave
Employers also cannot terminate an employee for taking protected leave, such as FMLA or pregnancy disability leave. Wrongful termination is presumed if the employee is terminated within a certain time frame of taking leave, including:
- Within 30 days after requesting to use paid sick leave
- Within 90 days of returning from FMLA leave
A Violation of the WARN Act
There are special rules when an employer makes mass layoffs. California’s Worker Retraining and Notification Act requires employers to provide employees with at least 60 days’ notice before executing a mass layoff of 50 or more employees or before closing or relocating a facility.
Other Reasons
There are many other reasons when termination may be considered wrongful, including when a person is fired for:
- Serving on a jury
- Engaging in lawful conduct during their off-hours while away from the job site
- Joining a labor union
- Participating in union activities
- Refusing to work under conditions that are not safe
- Seeking help after being a victim of specific crimes
- Engaging in protected political activities or speech
Contact a San Diego Wrongful Termination Lawyer Today
If you were terminated in a way that you think was a violation of your rights, contact a skilled wrongful termination attorney in San Diego for help. Jimenez Loayza, APC provides a free confidential consultation to learn about your situation and explain how we can help.