FIRED! California Wrongful Termination Laws

Wrongful Termination in California

California is an “at will” state. This means that either party, employer or employee, can terminate the relationship at any moment, without warning, without a reason, in fact without a good reason.
Q. So what makes a termination wrongful? 
A. Typically, the presence of discrimination or retaliation.

Discrimination
According to the Equal Employment Opportunity Commission (EEOC), a federal agency that enforces discrimination laws, there are 10 protected classes:
1. Age
2. Disability
3. Equal Pay/Compensation
4. Genetic Information
5. National Origin
6. Pregnancy
7. Race/Color
8. Religion
9. Sex
10. Sexual Harassment
If you have been terminated or laid off due to one of these categories, your termination may be wrongful. Because there is a small statute of limitations on wrongful terminations in comparison to other labor law issues, you should consult an experienced employment attorney as soon as possible.

Retaliation
This is sometimes referred to as whistle blowers protection. Basically, the law prohibits retaliation against employees that have reported that the company or someone within the company has broken the law, violated someone’s rights, or other regulatory guidelines set forth by governing agencies. The Department of Labor (DOL) offers the information for whistle blowers protections and guidelines. It’s also important to note that an employer cannot do any of the following to someone that has reported their employer for not following the law and/or industry regulations:
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failure to hire or rehire
Intimidation
Making threats
Reassignment affecting prospects for promotion
Reducing pay or hours

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.