Common Types of Wrongful Termination in San Diego
California is an at-will employment state. This means that in the majority of situations, employers and employees can terminate the working relationship at any time, and for nearly any reason. However, there are a number of exceptions under state law. Employers cannot terminate employees for reasons that violate state or federal law, or public policy, or that breaches an employment contract.
With these exceptions, it is not always easy for workers to determine if they have been wrongfully terminated. Below, our San Diego wrongful termination lawyer outlines some of the most common examples that indicate employers have broken the law.
Terminations Based on Discrimination
Discrimination is one of the most common examples of wrongful termination. Under the Fair Employment and Housing Act, employers are prohibited from firing workers based on protected characteristics. These include:
- Color
- Race
- Ancestry
- National origin
- Age
- Religion
- Medical condition or disability
- Sex, including pregnancy and related conditions
- Gender expression and identity
- Marital status
- Sexual orientation
- Veteran or military status
Terminations Based on Retaliation
Under state law, employees cannot be terminated based on retaliation from their employer. Employees have the right to report discrimination and harassment, participate in a workplace investigation, help a coworker with a complaint, or file a complaint with the California Civil Rights Department without fear of disciplinary action. Retaliation is illegal even if the underlying complaint is not proven, as long as the worker had reason to believe that conduct was against the law.
Mass Layoffs Without Proper Notice
At times, mass layoffs are not always illegal. Still, when they must occur, employers are required to give notice under the California Worker Adjustment Retraining and Notification (Cal-WARN) Act. Under this Act, employers must provide sufficient notice in certain circumstances that involve mass layoff, terminations of operations, and relocations. In most cases, employers must provide a minimum of 60 days notice to any employee impacted by the situation. If employers fail to provide this notice, employees may be able to take legal action to recover compensation and other remedies.
Terminations that Violate an Employment Contract
When an employee has an employment contract, it can limit an employer’s options under the at-will employment law. For example, an employment contract may specify that termination can only happen with cause, the disciplinary procedures that must be taken before an employee is terminated, or specific notice requirements. Any employee that has a written agreement should review it after any termination to determine if the employer acted illegally.
Constructive Discharge
Not all wrongful terminations involve the employer directly firing an employee. Employers sometimes create unbearable conditions such as severe harassment, unreasonable assignments, substandard workspaces, and more to encourage employees to quit. This is known as constructive discharge and it is against the law.
Our Wrongful Termination Lawyer in San Diego Can Provide the Help You Need
It is not always easy to determine if a termination was illegal. At Anthony Z. Vargas, Esq., our San Diego wrongful termination lawyer can review the facts of your case to determine if a violation occurred and if so, help you make it right. Call us today at 858-285-4595 or contact us online to schedule a consultation with our experienced attorney.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2922.
dir.ca.gov/dlse/Cal-WARNAct.html
