California Wrongful Termination

In California, there is a presumption that employment relationships are “at will”. At will employment means that the employer may terminate the employment relationship for any reason, with or without cause and likewise the employee may quit at any time and for any reason. There are important exceptions for example when there is a discriminatory motive or the employee is being retaliated against after objecting to or complaining about legally protected conduct.

Although not common, if the employee has an express or implied contract that requires “goodcause” before the employee can be fired there could be a basis for a suit against the employer for wrongful termination.

Sometimes an employee is forced to quit because the conditions are intolerable (again due to some discriminatory or retaliatory reason). This maybe be considered “constructive wrongful termination.” The law requires conditions or treatment to be so severe that a reasonable person could not consider continuing to work in the environment any further.

Potential ILLEGAL reasons an employee can be terminated for:

• Violation of state and federal laws prohibiting discrimination (based on race, ethnic origin, age, disability, medical condition, sexual orientation, religion etc.)
• Resisting sexual harassment
• Taking or needing to take Family pregnancy or disability leave
• breach of an oral, implied or written employment agreement requiring good cause where none existed
• Whistle blowing or objecting to conduct that violates State or Federal law
• Complaining about labor law violations
• An Employee because she is pregnant

The attorneys at the Callanan, Rogers &Dzida, LLP have years of experience in most aspects of employment law. We can help you if you believe you have been wrongfully terminated

To schedule a free consultation please contact us toll free at 866-345-5585.