After being terminated, an employee should carefully review any documents provided by the employer, such as a severance agreement, before signing. It is also wise to document the details surrounding the termination, including who was present and what reasons were given.
San Francisco Unlawful Termination Attorneys
The unlawful termination attorneys at Minnis & Smallets represent employees who were wrongfully terminated from their jobs.
Under most circumstances, employment is at-will. This means that the employer has the right to terminate an employee at any time, for any or no reason, even if that reason is not fair. However, the employer cannot terminate an employee for an unlawful reason. Thus, for example, an employer cannot terminate an employee for a discriminatory reason, such as because of the employee’s gender or race, or because of the employee’s disability, or because the employee is pregnant. An employer cannot terminate an employee for exercising a legal right, such as the right to request reasonable accommodations or the right to take medical leave. An employer cannot terminate an employee in retaliation for reporting the employer’s unlawful conduct.
What Are Some Unlawful Reasons for a Termination?
A termination may be unlawful for a variety of reasons. The following are some of the most common:
- Termination due to discrimination. Unlawful discrimination includes discrimination based on sex, pregnancy, race, disability, religion, ethnicity, sexual orientation, or national origin;
- Termination as retaliation. This includes a termination meant to punish an employee for engaging in a protected activity or for exercising a legally protected right, such as the right to seek reasonable accommodations in the workplace, the right to take family or medical leave, the right to file a discrimination claim, or the right to act as a whistleblower; and
- Termination in breach of an employment contract. Employment contracts may state the grounds on which termination is permitted, such as poor job performance and misconduct.
Where Can I Get Legal Help?
Being terminated is an upsetting experience. Your employer may have treated you unfairly but may or may not have terminated you for an unlawful reason. An experienced employment attorney can help you determine whether you have grounds for an unlawful termination claim.
Our team of experienced employment lawyers helps those who have been unlawfully terminated. To find out what we can do for you, call Minnis & Smallets LLP at 415-551-0885 or submit an online contact form.
FAQs About Unlawful Termination in California
What are some examples of unlawful reasons for termination that employees should know?
Terminating an employee because of their gender, age, disability, religion or sexual orientation are clear examples of unlawful termination. It is also unlawful to fire someone for reporting harassment, requesting a reasonable accommodation for a disability or taking protected medical leave.
How can an employee prove their termination was unlawful?
Proving unlawful termination often involves presenting evidence that the employer’s stated reason for the firing was a pretext for a discriminatory or retaliatory motive. Evidence can include emails, performance reviews, witness statements and documentation of similar situations with other employees.
What is the first step in filing a legal claim?
To initiate a legal claim for unlawful termination, an employee generally must first file a complaint with an administrative agency, such as the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). Seeking legal guidance can also help employees explore all available options before proceeding.
Can "at-will" employees be unlawfully terminated?
Yes. California is an “at-will” employment state, meaning employers can terminate an employee at any time and for no reason at all. However, employers cannot terminate an employee based on a protected characteristic or in retaliation for exercising their rights.
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