San Francisco Wrongful Termination Lawyers

The wrongful termination lawyers at Minnis & Smallets LLP represent employees who have been terminated for an unlawful reason.

Most employment relationships in California are considered to be “at-will,” meaning that an employer can discharge an employee at any time for a good reason, a bad reason, or no reason at all. However, employers cannot base a termination on a reason that is unlawful, or that violates an important public policy.

A wrongful termination occurs when an employee is fired for a reason that violates a law, regulation, or policy of the State of California or of the United States. Some terminations are prohibited by specific employment laws, but California courts also recognize unlawful terminations that are contrary to public policy. Public policy is something that involves a fundamental interest of the public at large, rather than simply the relationship between a single employer and its employee. Therefore, a public policy is grounded in state or federal law or regulation.

The wrongful termination lawyers at Minnis & Smallets LLP represent employees in San Francisco and elsewhere in the Bay Area who have been fired for conduct that is protected by laws or public policies. Employees who were unlawfully terminated are often entitled to lost wages, emotional distress damages, and, in some cases, additional compensation.

What Is Wrongful Termination In Violation of Public Policy?

A number of California and federal laws make it unlawful to fire an employee for engaging in conduct that the law protects. Examples include:

• Complaining about or reporting acts of discrimination or harassment if the employee reasonably believes those acts violate state or federal employment laws.
• Assisting another employee in making a discrimination or harassment complaint, or participating in legal proceedings concerning another employee’s complaint.
• Making a request for a reasonable accommodation of a disability or religious practice pursuant to state or federal employment laws.
• Requesting or taking a medical or family leave that is authorized by state or federal law.
• Asserting the right to be paid overtime or minimum wage, filing a wage claim, or exercising other rights protected by state or federal wage laws, including the California Labor Code.
• Reporting health or safety violations to state or federal agencies that have authority to respond to employee complaints, including Cal/OSHA.
• Refusing to work under conditions that violate an occupational health or safety law.
• Reporting misconduct pursuant to a state or federal whistleblower.
• Participating in jury duty or obeying a subpoena.
• Reporting an employer’s unlawful or fraudulent activities involving clients or customers.
• Discussing or complaining about wages and conditions of employment with other employees, discussing the need for a labor union, or engaging in other activities protected by the National Labor Relations Act.

Who We Represent in Wrongful Termination Cases

Our firm represents employees across a range of termination situations. Each case is different, but the following scenarios are among the most common we handle:

• Employees Fired Because of Discrimination: An employee terminated because of race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, genetic information, or another legally protected characteristic, particularly where the employer treated that employee differently from coworkers, replaced them with someone outside their protected group, or offered a stated reason that does not match the circumstances.
• Employees Fired After Reporting Workplace Misconduct: An employee who complained about discrimination, harassment, or other unlawful treatment, or who supported a coworker’s complaint or participated in an investigation, and was subsequently fired or pushed out under a reason that may be tied to speaking up.
• Employees Fired After Refusing Unlawful or Unsafe Conduct: An employee terminated after refusing to falsify records, participate in fraud, ignore safety concerns, or assert another protected workplace right, such as reporting unpaid wages or raising concerns about working conditions.
• Employees Fired After Exercising a Protected Right: An employee let go after requesting or using medical or family leave, seeking a disability or religious accommodation, taking pregnancy-related leave, fulfilling jury duty, or meeting military obligations, where the employer may have framed the firing as a performance, attendance, or policy issue.

If any of these circumstances apply, speaking with an employment attorney as soon as possible is important.

What Are the Steps for Filing a Wrongful Termination Claim in California?

1. Consult an employment attorney to evaluate whether the termination may have violated a state or federal law or public policy.
2. Gather documentation, including any written communications, performance reviews, and records of the events leading up to the termination.
3. File a complaint with the appropriate agency, such as the California Civil Rights Department or the Equal Employment Opportunity Commission, depending on the nature of the claim.
4. Pursue settlement or litigation, with legal representation advocating on the employee’s behalf throughout the process.

Why Choose Minnis & Smallets LLP?

Our attorneys have successfully represented many at-will employees who were unlawfully terminated. Partners Aaron Minnis and Sonya Smallets have both been honored as two of the “Top 100 Attorneys in Northern California” by Super Lawyers, a rare distinction for a firm of our size. Sonya Smallets has also been named one of the Top 50 Women Super Lawyers in Northern California for five consecutive years, and our firm received the Best Employment Lawyers in San Francisco award from Expertise.com in 2022, selected from more than 325 firms reviewed.

Clients consistently highlight our responsiveness, depth of legal knowledge, and the personal attention each case receives.

Schedule a Case Evaluation Today

Being terminated is an upsetting and disorienting experience. An employer may have acted unfairly, or may have crossed into unlawful conduct. Understanding the difference is where our team can help.

Minnis & Smallets LLP offers initial consultations at no charge for qualifying matters. To speak with one of our attorneys about a potential wrongful termination claim, contact us today. 

Frequently Asked Questions About Wrongful Termination in California