Unlawful Termination

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, 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. An employment contracts may state the grounds on which a 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 help 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.