WRONGFUL TERMINATION ATTORNEY

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

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.

Contracts

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.

Avvo

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 / Elk Grove / North Highlands:

Labor Law Office, APC

2740 Fulton Avenue, Suite 220
Sacramento, CA 95821
Phone: (916) 446-4502 Link To Map

Fair Oaks / Roseville / Citrus Heights:

Labor Law Office, APC

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

Redding / Anderson / Red Bluff:

Labor Law Office, APC

1650 Oregon Street, Suite 210
Redding, CA 96001
Phone: (530) 338-3808
Link To Map

Los Angeles / Anaheim / Burbank:

Labor Law Office, APC

529 S. Broadway, Suite 4045
Los Angeles, CA 90013
Phone: (213) 900-4976
Link To Map

Chico / Yuba City / Paradise:

Labor Law Office, APC

1395 Ridgewood Drive, Suite 300
Chico, CA 95973
Phone: (530) 891-8503
Link To Map

Modesto / Turlock / Merced:

Labor Law Office, APC

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

Stockton / Mantica / Tracy:

Labor Law Office, APC

1145 N. California Street, Suite 202
Stockton, CA 95202
Phone: (209) 546-7473
Link To Map

Fresno / Madera / Bakersfield:

Labor Law Office, APC

1525 E. Shaw Avenue, 2nd Floor, Suite F
Fresno, CA 93710
Phone: (559) 441-1314 Link To Map

Fairfield / Vacaville / Vallejo:

Labor Law Office, APC

622 Jackson Street
Fairfield, CA 94533
Phone: (707) 639-8563 Link To Map

San Francisco / Oakland / Santa Rosa:

Labor Law Office, APC

345 Grove Street, 2nd Floor. Suite 250
San Francisco, CA 94102
Phone: (415) 403-2530
Link To Map
Sitemap
Schedule Your
Free Case Evaluation
michael carver super lawyersfive-stars-reviews
Google-e1485020776645five-stars-reviews
FacebookFind-e1485020762887five-stars-reviews

Best Way To Reply:
PhoneEmail

Related Posts About Wrongful Termination in California

Weed may be legal in California – but it can still get you fired

Nearly eight million Californians who cast ballots in the November election voted “yes” to a bill legalizing marijuana in the state. Proposition 64 made it legal for individuals to use and grow marijuana for personal [...]

Can A California Employee File A Wrongful Termination Lawsuit After Legal Marijuana Use?

Medical marijuana has been legal in California for almost two decades. While it may be almost commonplace at the state level, it is still illegal according to the federal government. As a result, medical marijuana [...]

Can A California Employee File A Wrongful Termination Lawsuit After Legal Marijuana Use?

Medical marijuana has been legal in California for almost two decades. While it may be almost commonplace at the state level, it is still illegal according to the federal government. As a result, medical marijuana [...]

When Is The Deadline To File A Claim For Wrongful Termination?

The phrase “wrongful termination” applies when an employee has been fired or forced to quit or resign for illegal reasons. If you believe that you were wrongfully terminated, you are required to file a claim [...]

Gretchen Carlson Files Sexual Discrimination Lawsuit Against Head of Fox News

Fox news journalist Gretchen Carlson has filed a sexual harassment and retaliation lawsuit against Roger Ailes, the chairman and CEO of the company after alleging that she was fired for refusing to participate in a [...]

Ninth Circuit Says Employees Sharing Passwords May Be Criminal

The U.S. Court of Appeals for the Ninth Circuit recently held that using a co-worker’s password to access an employer’s computer databases can be considered a criminal action. The case, United States v. Nosal, has [...]

U.S. Supreme Court Addresses Statute of Limitations for Employee Discrimination Claims

The U.S. Supreme Court recently address the issue of when the statute of limitations begins to run for civil servants who want to file a discrimination claim against their employer. The Court held 7-1 that [...]

What is Wrongful Termination for At-Will Employees?

In California there are two types of workers: at-will employees and contract employees. Most workers are at-will employees, meaning that they do not have a contract to work for a specified period of time. In [...]

Accommodations for Nursing Mothers: What Must Your Employer Do Under California Law?

New mothers know that breast milk provides the best nutrition for their infants. After returning to work from maternity leave, most mothers will need to pump breast milk during working hours in order to avoid [...]