A Wrongful Termination Lawyer Will Help You Fight for Your Workplace Rights

Sometimes, you get fired from your job, and there’s not much you can do about it. If you have an employment contract, that contract will likely dictate how and when you can be fired, and what your employer might have to pay you if they fire you before that contract is up. However, most people don’t have employment contracts. In California, most employees are at-will employees, meaning that you can quit whenever you like with no penalty, and generally, an employer can fire you for any reason or no reason at all. However, in San Francisco, as in the rest of the State of California, even at-will employment has limits on reasons for which you can be fired. If you believe you have been wrongfully terminated, you should talk to a San Francisco wrongful termination lawyer.

Exceptions to At-Will Employment Firings

Even under at-will employment, some firings constitute wrongful termination. While the employer of an at-will employee can terminate that employee without cause, that does not mean that all terminations are permissible. There are certain circumstances where termination – even in an at-will employment relationship – can be illegal. Federal law sets forth the reasons that are not permissible for firing an employee, even in an at-will employment jurisdiction. Those reasons include:

  • Race, including national origin
  • Sex, which now includes pregnancy, gender identity, and sexual orientation
  • Physical or mental disabilities
  • Mental disability
  • Religion
  • Political affiliation
  • Age if the employee is 40 years old or older

It also is illegal to fire an employee in retaliation for certain complaints, including whistleblowing about illegal practices, which could include:

  • Reporting illegal activities, including violations of employment law
  • Filing a workers’ compensation claim
  • Complaining about workplace health or safety conditions
  • Filing complaints about unpaid wages or overtime
  • Reporting any violations of labor code violations

Employer retaliation against employee actions, up to and including firing, also can include a wide range of activities, which could include:

  • Taking legally protected time off, such as leave after the birth of a child under the California Family Rights Act.
  • Taking protected sick leave under the Healthy Workplaces, Healthy Family Act;
  • Asserting rights that are protected by various other state laws, including the Fair Employment and House Act, the New Parent Leave Act, the Age Discrimination Act, and other California statutes.

While federal law provides extensive employment protections, even in an at-will employment state like California, California state law adds to those protections in many ways. You should consult with a San Francisco wrongful termination attorney as soon as possible if you believe you have been fired for an illegal reason. If you don’t consult a San Francisco wrongful termination lawyer, you could end up regretting it.

Discuss Your Situation With a San Francisco Wrongful Termination Lawyer as Soon as Possible

The San Francisco wrongful termination lawyers of Bogaards Law have experience with cases like yours and routinely handle wrongful termination lawsuits. Contact the attorneys of Bogaards Law if you have been fired and believe that your former employer acted wrongfully in terminating your employment.

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