Wrongful Termination & Retaliation
Common violations
whistle-blower
RETALIATION
HEALTH AND SAFETY
cONSTRUCTIVE tERMINATION
While California is an “At-Will” state - meaning an employer can usually terminate employment for any or no reason at all - there are certain situations when the law determines a termination is illegal. Generally speaking, it is illegal to terminate an employee in situations that fall under one of two categories:
because of the employee’s membership in a PROTECTED CLASS
because employee participated in a PROTECTED ACTIVITY
Under both state and federal laws, there are a number of protected classes including:
Race
Color
Sex/Gender
Age (over 40)
Religion or Creed
Veteran Status
Citizenship
Disability
Sexual Orientation & Expression
National Origin or ancestry
Genetic Information
See EJP’s Wrongful termination Infographic below
In some cases, Wrongful Termination can be in the form of retaliation. Retaliation occurs when an employee engaged in a protected activity an, as a result, is subjected to what the law refers to as an “Adverse Employment Action.” An Adverse Employment Action can include actions such as discharge/termination, demotion, suspension, reduction or change in pay/hours, refusal to hire or promote, or other forms of threats, harassment, or “pay back” for engaging in a protected activity. Under both state and federal law, participation in a protected activity includes, but is not limited to, any of the following:
Complaining about what the employee believes in good faith to be illegal activity
Complaining about health and safety issues
Organizing to change working conditions (including posts on social media in some cases)
Participating in an investigation
Reporting unlawful or unethical behavior or practice
If the employee’s membership in any of the above protected classes or participation in a protected activity motivated employment decisions, resulted in an “Adverse Employment Action” such as termination, loss of pay, demotion, change in hours, change in pay and or other action which makes it more difficult to do one’s job or robs one of the privileges and benefits of their employment, that employee may have a claim for retaliation or wrongful termination. A labor and employment Attorney can advise you if your situation falls under either of these categories.
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Laws protecting California Employees From
Wrongful Termination & Retaliation
There are several laws which protect California employees from wrongful termination and retaliation. Here are a few:
Title VII of the Civil Rights Act of 1964
Family Medical Leave Act (FMLA)
Americans with Disabilities Act (ADA)
Age Discrimination in Employment Act of 1967 (ADEA)
Federal Labor Standards Act (FLSA)
California Labor Code
Healthy Workplace Health Families Act (HWHF)
Occupational Health and Safety Act (OSHA)
The United States Constitution
For more information click the “learn more” button or CLICK HERE to schedule a no cost consultation with an Attorney
How Can The Employment Justice Project Help?*
There are several ways that the Employment Justice Project can help. Every case is different and while EJP can make no guarantee of results in your specific situation, here are a few examples of the assistance EJP may be able to provide:
Listen
Educate you on your rights and possible claims
Counsel and Advise
Request and review employee file and payroll records for evidence of violations
Interview witnesses
Educate your employer on your rights and their responsibilities under the law
Advocate for reinstatement
Advocate for resolution of your claims
Negotiate recovery of lost wages and other damages and penalties
Negotiate terms of settlement or severance agreement
Negotiate a neutral reference
Litigate, if needed and appropriate
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