Wrongful Termination
– Unlawful Terminations
While many employees are terminated for reasons that are unfair, not all unfair terminations result in wrongful termination. A termination is only wrongful if it violates the law. Although you believe your termination is wrongful, it must also be unlawful.
Typically, wrongful termination is a violation of the Fair Employment and Housing Act (FEHA) occurring when an employer terminates someone based on a protected characteristic, in retaliation for opposing discrimination; or in retaliation for engaging in a protected activity.
Termination because you’re a member of a protected class
If your employer has terminated your employment because of a protected characteristic (or for having asserted a legal right) you fall under the first category.
If your employer said or did something to make you believe that you were terminated because of race, color, national origin, religion, ancestry, physical disability, mental disability, medical condition, marital status, sex, pregnancy, age, or sexual orientation you may have suffered a wrongful termination.
A wrongful termination claim may even exist if you are mistreated because you associated with a member of one of the above groups, and your employer did not like it.
Termination because you complained about discrimination or harassment
Many people make complaints to stop the discrimination (when this is done it should be in writing). This sometimes angers employers who then label the person a “problem employee.”
The employer then terminates or generates false reasons, or pretext, to terminate the employee for complaining.
This is retaliation for opposing discrimination or harassment. It is a wrongful termination.
Termination after a protected activity, like taking medical leave or maternity leave
Illness and medical conditions take big tolls on families.
Some qualified employers are required to provide time off to employees to care for these sorts of situations when they involve a close family member like a parent, spouse, sibling, or child. These employers are supposed to reinstate the employee.
Some employers terminate employees during this protected time off from work. If you think this situation may apply to you please call us so we can help you determine if your termination was unlawful.
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