Wrongful Termination Lawyers San Mateo

Wrongful Termination Lawyers San Mateo

The EEOC received 67,488 workplace discrimination charges last 2020. Retaliation is still the leading reason for these charges, followed by disability, race, sex, age, national origin, color, religion, equal pay act, and genetic information. Unfortunately, these discrimination issues are also common reasons for wrongful terminations. 

California recognizes at-will employment. This means that employers can fire employees for whatever reason without fearing legal repercussions. But besides the anti-discrimination rules that the EEOC oversees, there are also state exceptions to at-will employment laws that enable employees to fight against wrongful terminations. 

Written Employment Contracts

When employers offer jobs to candidates based on written employment contracts, both parties should abide by the terms in the contract. When your employer fires you in violation of the terms of your employment contract, you may have a valid claim for wrongful termination. 

Violations of Public Policy

Public policy is basically a principle on which we base social laws to benefit the entire society. Your employer has violated public policy if they terminated you for taking time off work to go to jury duty or vote. Likewise, your employer cannot fire you for retaliation, filing a workers’ compensation insurance claim, or refusing to lie under oath, or otherwise break the law for your employer. This exception also applies to whistleblowers but only under certain circumstances. 

Constructive Termination

Also known as constructive discharge, this means that an employee resigned because the employer’s actions or behaviors forced them to quit. Because the employee did not voluntarily quit, they were technically fired. In most cases, this exception occurs when employers intentionally change the work environment and working conditions of an employee to make them intolerable by reasonable and acceptable employment standards. This leaves the employee no choice but to quit.

Covenant of Good Faith

Similar to an implied contract, a covenant of good faith is like an unspoken agreement between employers and employees. The agreement is that employees won’t be fired as long as they perform their job duties well and follow company policies. A perfect example of a breached covenant of good faith is an employer terminating an employee who is about to retire in a couple of days with significant benefits. In this instance, the only reason the employee fired the employee is to avoid paying the employee the full retirement benefits they’re legally entitled to. 

Leave of Absence

In California and many other states, state employment laws allow for leaves of absence for the following: 

• Pregnancy leave
• Maternity and paternity leave
• Military duty
• Jury duty
• Voting
• Qualified health conditions, including caring for a family member or loved one with a serious health condition

Unionizing

Trying to unionize or forming a union is legal under the National Labor Relations Act (NLRA), so employers can’t retaliate against employees for exercising their right to unionize. 

Consult with an Experienced Wrongful Termination Lawyer in San Mateo Now

Losing their job could be extremely stressful for anyone. The sudden and unexpected loss of livelihood and income can be especially terrifying when you’re facing a wide variety of financial responsibilities. You may feel betrayed, embarrassed, angry, and shocked about being wrongfully and unfairly terminated. But you should know that you have the legal right to pursue compensation for the losses you incurred due to wrongful termination. Contact Bogaards Law by phone or online to talk to our San Mateo wrongful termination attorney about your legal options.