Most California employees are “at-will” employees—meaning they can be fired or laid off for any reason, as long as the reason is not illegal. Illegal reasons include terminations based on race, gender, sexual orientation, or physical disability. Illegal reasons may also include retaliation for reporting employer violations of laws and regulations, retaliation from rejecting sexual overtures, and retaliation for attempting to protect others whose civil rights have been violated. Further, illegal reasons may include termination in violation of an employment contract or in violation of other state and federal labor laws. A wrongful termination occurs when an employee, even an at-will employee, is fired for an illegal reason.
In some instances, an employee may be effectively forced to resign for reasons that violate public policy. If an employee is required to work under conditions that are so offensive, hostile or intolerable that a reasonable person would have no reasonable choice but to resign, the employee’s resignation may amount to constructive wrongful termination.
Employees subjected to unlawful conduct in California in violation of their rights under the Fair Employment and Housing Act (including unlawful discrimination and/or harassment) must file a complaint with the Department of Fair Employment and Housing (DFEH) within one year or they may lose their right to sue.
Markson Pico LLP fights to protect victims of wrongful termination for unlawful reasons. We offer the support and guidance needed to assert victim’s legal rights and to help victims throughout the entire process.
If you are a victim of wrongful termination, call Markson Pico LLP at 213-895-4000 for a free consultation.
|