WRONGFUL TERMINATION 2018-09-20T21:39:35+00:00


Experienced Wrongful Termination Lawyers Servicing California

Sacramento Wrongful Termination Lawyer at Labor Law Office

The term “Wrongful Termination” generally refers to an employee being fired when they shouldn’t have been, either because the termination violates a contract or a statute. Many employment terminations are wrongful or illegal. However, many terminations are perfectly legal. In California, employment is presumed to be “at will.” This means that the employer can usually fire the employee for no reason at all, or for any reason which is not illegal. Some courts have held that an employer does not have to explain why they fired an employee, and the employer can even make up a false reason for the termination. Likewise, the employer can discipline, demote and reduce pay for no reason. However, there are exceptions to these general rules.

For more information or for a free case evaluation call 1-877-219-8481

What To Do
What NOT To Do

Discrimination Statutes

Employers may not terminate employment or discriminate against employees in violation of the federal Civil Rights Act of 1964 (Title VII) or the California Fair Employment and Housing Act (FEHA).  It is illegal to discriminate on the basis of gender, race, age, religion, pregnancy, sexual orientation and disability in the terms and conditions of employment.  This can include salary, hiring, firing or any other action.  With few exceptions, most any defining characteristic of a particular position of employment is considered a “term or condition of employment.”

Public Policy

Employers can’t violate the “public policy” of California by firing employees for exercising rights expressed in statutes or other fundamental public policy. For example, if an employee complains to the employer about not being paid overtime, or not being allowed to take breaks, or because the employer is otherwise violating the law, and the employee is terminated for their complaint, the employee can usually bring a suit against the employer because public policy forbids such termination.


In the case of a contract for employment, the terms of employment are spelled out in a contract, which may limit the employer’s ability to terminate an employee. The contract may be written, oral or “implied.” If a termination occurs, it may be a breach of contract. This situation frequently arises when executives are terminated. Rank and file workers may be subject to contracts as well, such as when a union member is terminated. The union agreement or “Memorandum of Understanding” (MOU) usually controls what the employee’s rights to employment are.

Retaliation Statutes

Employers may not retaliate against an employee because the employee has reported illegal activity of the employer.   The report can be to the employer or to a government agency. This would include retaliation for filing a discrimination complaint, filing a wage claim, complaining to OSHA or other protected activity. Employers may not discriminate against employees for filing workers’ compensation claims. There are many other statutes which may prevent employment termination. For specifics, you should contact Labor Law Office.


California Employment Lawyers Association

LA County bar Association

Sacramento County Bar Association

Michael L. Carver

Schedule Your Free Case Evaluation With Labor Law Office

Sacramento area:

Labor Law Office, APC

Phone: (916) 446-4502

Fair Oaks / Roseville area:

Labor Law Office, APC

5050 Sunrise Blvd., Suite C-1
Fair Oaks, CA 95628
Phone: (916) 965-3100

Redding area:

Labor Law Office, APC

Phone: (877) 219-8481

Los Angeles area:

Labor Law Office, APC

Phone: (877) 219-8481

Chico / Yuba City area:

Labor Law Office, APC

568 Manzanita Ave Suite 1B
Chico, CA 95926
Phone: (530) 891-8503

Modesto / Central Valley area:

Labor Law Office, APC

801 10th Street, 5th Floor, Suite 108
Modesto, CA 95354
Phone: (209) 579-9706

Stockton / Manteca area:

Labor Law Office, APC

Phone: (209) 546-7473

Fresno Bakersfield area:

Labor Law Office, APC

Phone: (559) 441-1314

Fairfield / East Bay area:

Labor Law Office, APC

Phone: (707) 428-4204

San Francisco area:

Labor Law Office, APC

Phone: (877) 219-8481
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