Top 10 Unlawful Reasons For Getting Fired

Posted By Markson Pico LLP || 1-Nov-2013

1. It's unlawful to fire an employee because of his/her request for an accommodation due to a serious health condition. (Gov't Code § 12945.)

2. It's unlawful to fire an employee because of his/her request for a leave of absence to care for a family member with a serious health condition. (Gov't Code § 12945.)

3. It's unlawful to fire an employee for requesting or taking a leave of absence due to pregnancy or a pregnancy related medical condition. (Gov't Code §§ 12926(p), 12945(a),(b).)

4. It's unlawful to fire an employee for complaining about sexual harassment or discrimination at work. (Gov't Code § 12940(h).)

5. It's unlawful to fire an employee because he/she is disabled. (Gov't Code § 12940(a).)

6. It's unlawful to fire an employee because of his/her race or national origin. (Gov't Code § 12940(a).)

7. It's unlawful to fire an employee because of his/her gender or sexual orientation. (Gov't Code § 12940(a).)

8. It's unlawful to fire an employee because of his/her age (if over 40). (Gov't Code § 12940(a).)

9. It's unlawful to fire an employee for complaining about illegal activity at work. (Labor Code § 1102.5.)

10. It's unlawful to fire an employee for complaining about payroll violations (like not getting paid overtime). (Labor Code § 1102.5; Gould v. Maryland Sound Industries (1995) 31 Cal.4th 1137.)

If you have been fired for an unlawful reason, call Markson Pico LLP for a free consultation.

DISCLAIMER: Be forewarned that this list is provided for illustration purposes only. It is not all inclusive there are many other unlawful reasons that employees get fired.

Categories: Employment Law

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