Many people approach our firm asking us to evaluate their claims for wrongful termination. An employer (even one who employs you as an “at-will” employee) may not terminate you for a reason that is forbidden under the law. There are both statutory laws that protect employees, as well as court created laws that have developed over the years. If you have been terminated and feel that your termination was based on a protected characteristic (such as race, religion, national origin, sexual orientation, gender, age, etc.) or because you refused to commit a violation of the law or regulation, you should contact a Sacramento employment attorney like Sean Laird, who can evaluate your claim and determine whether you have legal recourse.
Beware! There are strict time requirements within which you must file a claim for wrongful termination. If you fail to act quickly, you may jeopardize your right to bring a civil action your employer for wrongful termination.
There are many examples of wrongful termination, below are just a few:
Wrongful Termination – Discharge or Demotion in Violation of Public Policy.
Where an at-will employee is discharged or demoted for: (1) refusing to violate a statue; (2) performing a statuary or “legal” obligation; (3) exercising a statutory right or privilege; and (4) reporting an alleged violating of a statute of public importance; that employee has the right to bring an action against his or her employer for wrongful termination or wrongful demotion. Employees in both the public and private sector have the right to assert this claim.
An employee can also bring an action for “constructive” discharge in violation of public policy where he or she was subjected to working conditions that violated public policy and his/her employer intentionally created or knowingly permitted these working conditions. If the working conditions were so intolerable, that a reasonable person in the employee’s position would have had no reasonable alternative except to resign, then the employee is considered to have been “constructively discharged” if they thereafter resign because of these working conditions.
See also – Whistleblowers
Wrongful Termination – Discharge Based On Protected Class
In California, an employee is protected from being terminated based on her race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), physical or mental disability, age (40 and older), genetic information, marital status, sexual orientation and identity, AIDS/HIV, medical condition, military or veteran status, political affiliations, and status as a victim of domestic violence, assault or stalking. If an employer uses one of these “protected classes” as a motivating reason for discharging her, she is entitled to damages that result for the harm of such termination. This theory is often called “disparate treatment” and is easily understood, as the employer simply treats some people or person less favorably based on a protected status such as race, religion, color, etc.
If you feel you have suffered any type of discrimination that caused your termination contact the Law Firm of Sean R. Laird to discuss you claim privately.