San Diego Wrongful Termination Lawyer
Employers routinely terminate employees for cause when the employees have valid employment contracts, and at-will employees in California can be terminated for any reason as long as it is not discriminatory or against California public policy. Given that California is an at-will state, employers can terminate employees who are not under contracts for any reason (aside from a discriminatory one), and employees can leave their jobs at any time for any reason. Yet it is important to remember that both at-will employees and those under employment contracts can be terminated for unlawful reasons.
Many wrongful termination claims arise out of allegations ow discrimination, and others revolve around allegations of retaliation. California state and federal laws exist that provide broad protections for employees when it comes to discriminatory or retaliatory terminations. Whether you need assistance filing a wrongful termination claim, or you are an employer and need assistance defending against a wrongful termination claim, a San Diego wrongful termination lawyer at our firm can speak with you today about your case.
San Diego Discrimination and Wrongful Termination
We often handle wrongful termination cases arising out of workplace discrimination claims, including complaints and lawsuits under some of the following state and federal laws:
- California Fair Employment and Housing Act (FEHA), which prohibits many forms of discrimination in the decision to terminate an employee, including discrimination on the basis of race, sex, gender identity, and age;
- California Family Rights Act (CFRA), which allows employees to take leave for certain covered events and prohibits an employer from terminating an employee who takes leave under the CFRA;
- Title VII of the Civil Rights Act of 1964, which is a federal law that prohibits an employer from terminating an employer due to discrimination on the basis of, for example, race, religion, sex, and pregnancy;
- Americans with Disabilities Act (ADA), which is also a federal law, and it prohibits an employer from terminating an employee due to the employee’s disability;
- Age Discrimination in Employment Act (ADEA), which makes it unlawful under federal law to terminate an employee because of the employee’s age when the employee is aged 40 or older; and
- Family and Medical Leave Act (FMLA), which is another federal law that provides employees with up to 12 weeks of unpaid, job-protected leave and prohibits employers from terminating employees because they take FMLA leave.
Wrongful Termination and Retaliation in a San Diego Workplace
Employers are prohibited from terminating an employee as retaliation for the employee exercising his or her rights under state or federal law. The laws listed above prohibit an employer from retaliating against an employee who files a claim or participates in an investigation, for example. In general, state and federal laws also prohibit employers from terminating employees for any of the following reasons:
- Filing a discrimination claim under state or federal law, or being involved in a discrimination investigation;
- Filing a workplace safety claim through the Occupational Safety and Health Administration (OSHA);
- Reporting unlawful activity in the workplace through whistleblower protection laws;
- Seeking compensation after a workplace injury by filing a workers’ compensation claim; or
- Exercising any employee rights under federal or state law.
Beyond wrongful termination under state and federal statutes, wrongful termination claims can also arise in employment contract disputes and breach of contract claims.
Seek Advice from a San Diego Wrongful Termination Attorney
Whether you need to defend against a wrongful termination claim or need advice about filing a wrongful termination claim, one of the experienced San Diego wrongful termination attorneys at our firm will be able to help. Contact Scott Wagner and Associates, P.A. today.