Wrongful Termination

Most employment arrangements are “at will”, meaning either the employee or employer may terminate the relationship at any time. Employers have broad freedom in hiring and firing their employees. At-will employees may be terminated for any (or no) reason, so long as it’s not illegal.

• Categories of wrongful discharge cases, include but are not limited to the following:
  • Fair Employment and Housing: protects employees from being terminated because of their disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status
  • False Claims Act: protects employees who report false monetary claims by their employers against state or local governments or who initiate proceedings against their employers based on such claims
  • Labor Code 6310(b) prohibits discrimination or discharge for complaining about unsafe work conditions or practices.
  • Labor Code § 1102.5 prohibits retaliation, including but not limited to wrongful termination, against employees for disclosing information to a governmental agency or to an employee with authority over the employee about illegal conduct committed by the employer
  • Labor Code § 98.6 prohibits retaliation, including but not limited to wrongful termination, against employees who complain about the employers illegal Fwage and hour policies
  • Labor Code 230(a)prohibits discrimination or discharge based on an employee’s performing jury service
  • Labor Code 230(a)prohibits discrimination against a domestic violence victim who takes time off to seek judicial relief.

Generally, wrongful/illegal reasons for firing at-will employees involve terminations related to:

• Discrimination (sex, disability, sexual orientation, religion, age, etc.)
• Employee exercising his or her rights such as blowing the whistle on illegal conduct in the workplace or refusing to engage in such illegal conduct. Common examples include:
  • Reporting discrimination or harassment
  • Complaining about workplace safety or hazards
  • Requesting reasonable accommodations because of a disability
  • Taking medical leave,
  • Reporting an employee’s illegal conduct, such as fraud
  • Refusing to lie to a government agency

At times, employers try to evade liability by making the working conditions so intolerable with hopes that the employee will simply quit. Although the employee may say, “I quit,” the employment relationship is actually severed by the employer’s acts against the employee’s will.  This is called a “constructive wrongful termination.”

CALL US FOR HELP

If you believe you were wrongfully terminated or forced to resign, do not hesitate to contact Duel Law. Call us at 310-975-7095. Duel Law has been successful at collecting millions of dollars on behalf of wrongfully terminated employees.