Unlawful termination can occur in Silicon Valley workplaces for many different reasons. In some cases, a wrongful termination claim might arise from an employment contract, such as when an employer attempts to deprive the employee of benefits under the employment agreement. In other cases, an employee may allege that she was unlawfully terminated as a result of employment discrimination or retaliation. Silicon Valley employees have protections against unlawful termination under both federal and California state law, and it is important to understand those rights. Employers should also be aware of the laws in place to protect employees against unlawful termination. A Silicon Valley unlawful termination lawyer can assist you.
One of the most common reasons for an unlawful termination claim is employment discrimination. Discrimination in a Silicon Valley workplace can take many different forms. Under federal law, a wrongful termination due to discrimination can result from discrimination based on any of the following characteristics:
There are many different federal laws in place to prevent an employee from being terminated because of membership in a protected class. Examples of those laws include but are not limited to the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act of 1964.
California law provides greater protections to employees when it comes to an unlawful termination based on an employee’s membership in a protected class. In addition to the federal protections discussed above, the California Fair Employment and Housing Act (FEHA) also prohibits discrimination on the basis of gender identity and sexual orientation. To be clear, if an employee is fired because of her membership in a protected class—and there are more protected classes under California law—then that employee may be eligible to file an unlawful termination claim.
When an employee exercises his or her rights under the federal or state laws discussed above, such as the right to report workplace behavior or conduct that the employee reasonably believes to be discriminatory, sometimes the employer responds by taking an adverse action against the employee. This is a form of retaliation, and it may constitute unlawful termination.
Retaliation can take many different forms in a Silicon Valley workplace, and under certain circumstances, wrongful termination can be one type of retaliation.
Unlawful termination is not always the result of discrimination or retaliation. When an employer terminates an employee in a manner that violates one of the terms of the employment contract, then such termination may be unlawful.
There are many different types of employment contracts in Silicon Valley, and they contain many different clauses. Employment contracts can be either oral or in writing, and they typically bind both employer and employee. When an employer breaches a contract, that employer may be held liable for unlawful termination.
If you believe you were wrongfully terminated, or if you have concerns about an unlawful termination claim, you should reach out to a Silicon Valley unlawful termination attorney to learn more about your options. Contact Minnis & Smallets LLP to learn more about the services we provide to employees and employers in Silicon Valley.