Wrongful Termination
The term "Wrongful Termination" generally refers to an employee being fired when they shouldn't have been, either because the termination violates a contract or a statute. Many employment terminations are wrongful or illegal. In California, employment is presumed to be "at will." This means that the employer can usually fire the employee for no reason at all, or for any reason which is not illegal, even for a false reason. Likewise, the employer can discipline, demote and reduce pay for no reason. However, there are exceptions to this general rule.
If there is a contract then the terms of employment are spelled out in a contract, which may limit the employer's ability to terminate an employee. The contract may be written, oral or "implied." If a termination occurs, it may be a breach of the contract. This situation most often arises when a union member is terminated. The union agreement or "Memorandum of Understanding" (MOU) then usually controls what the employee's rights are.
Other wrongful terminations can occur when an employer violates the law governing discrimination, retaliation, or fires an employee for reporting safety concerns or reporting illegal activity.
Retaliation
If you complain to your employer about discrimination, harassment or other violations of your rights in the workplace, your employer may not take any action against you as punishment or retaliation for the complaint. The law also protects an employee who participates in an investigation or files a lawsuit against an employer for discrimination, harassment, or other workplace violations.
If you genuinely and reasonably believe that the complaints you have are legitimate but the employer takes actions against you that affect your employment, this is illegal and you should contact us today.
Adverse actions include, for example, discipline, negative evaluations, issuance of warnings, salary reduction, demotion, discipline, firing, change in shift assignment, or change in job assignment. Retaliation may also include hostile attitudes or behavior by employers, including managers, supervisors, human resources representatives, or coworkers, toward an employee who complained.
Reporting employer violations of the law to the government or police, or "whistle blowing" is also a protected activity. The law provides that you are protected from being fired, mistreated or otherwise retaliated against.