What You Need to Know About Wrongful Termination

WRONGFUL TERMINATION

All employees deserve to be treated fairly by their employers.

YOU HAVE RIGHTS

California is an at-will employment state

This means an employee or an employer can terminate the employment relationship at any time with or without cause.

The effect this has on you is that your employer can fire you at any time, without any notice, for any reason or for no reason at all.

Under California law, there are several exceptions to the at-will employment arrangement.

Exceptions to at-will employment

1. Employees in the public sector.

EXCEPTIONS TO AT-WILL EMPLOYMENT

2. Union members or those covered by a collective bargaining agreement stating that the at-will rule does not apply.

3. Some employer actions overcome the presumption of at-will employment.

EXCEPTIONS TO AT-WILL EMPLOYMENT

4. Employees with written employment contracts requiring “good cause” for termination.

While California is an at-will employment state, employers cannot fire an employee for an illegal reason.

A firing is illegal if:

It violates state or federal anti-discrimination laws

1.

It is in retaliation for making a discrimination or harassment claim

2.

It is in retaliation for an employee reporting workplace safety violations

3.

A firing is illegal if:

It is retaliation to a request for payment of due wages, overtime, or commissions

4.

It is retaliation to an employee reporting any other illegal acts by an employer or its managers, employees, or agents

5.

The Equal Employment Opportunity Commission (EEOC) tracks discrimination complaints.

CHARGES FILED WITH THE EEOC 

DISCRIMINATION COMPLAINTS

While discrimination complaints dipped in 2020 and 2021, in 2022 complaint numbers returned to pre-COVID levels

48 percent of workers over 50 report having seen or experienced age discrimination in the workplace.

48

PERCENT

WORKERS OVER 50

34 percent of total discrimination cases are race discrimination complaints.

34

PERCENT

RACE DISCRIMINATION

32 percent of total discrimination cases are disability discrimination complaints.

32

PERCENT

DISABILITY DISCRIMINATION

RETALIATION COMPLAINTS

The majority of people who experience workplace violations do not report it. Often this is due to fear of being fired.

SIX EXAMPLES

OF ILLEGAL RETALIATION 

REPORTING

Firing an employee who reported workplace discrimination or harassment

RESISTING

Firing an employee who resisted sexual harassment, or protested inappropriate behavior

REQUESTING

Firing an employee for requesting medical leave Firing an employee who requests legally-required meal or rest breaks

MEDICAL LEAVE

Firing an employee who used company sick leave Firing an employee who requested medical leave to care for a serious health condition, a sick loved one or newborn baby

How do I handle wrongful termination?

Employees who are afraid that they may be fired can take certain precautions now to protect their rights.

What if I think I have been wrongfully terminated?

Document everything, including any illegal activity you witnessed. 

2.

1.

Experience. Empathy. Empowerment

Obtain records like evaluations, timecards, pay stubs or emails.

What if I think I have been wrongfully terminated?

Fully cooperate with any investigation

4.

3.

Experience. Empathy. Empowerment

Get contact information for any employees, vendors or customers who witnessed the illegal behavior.

If you believe that you have been fired based on an illegal reason, you may be entitled to compensation.

YOU HAVE OPTIONS

The best part of my work is helping employees who have been treated unfairly obtain justice.

- Bryan   McCormack

Our guarantee: you will receive personalized service every step of the way.