The vast majority of employees today are hired as “at will” employees, meaning that they don’t have a formal employment contract with their employer. An “at will” employee can quit a job at any time and an employer can fire an “at will” employee at any time, as long as the employee is not fired for reasons that violate the law or public policy. Employees may have a claim for illegal discrimination or harassment even if they are not actually terminated from their job.
Some examples of wrongful termination in violation of law or public policy include termination based on age, race, gender, sexual preference, religion, or national origin. There are also numerous statutory protections prohibiting an employer from firing an employee because of a job injury, a disability, “whistle blowing”, medical leave issues and the like. Sexual harassment, racial slurs or other types of harassing conduct that create a “hostile work environment” can also form the basis of a discrimination / harassment claim.
Wrongful termination and/or discrimination is a complicated area of legal practice. There are numerous grounds upon which a wrongfully terminated, or discriminated against, employee can sue his or her employer. In California, there are also certain “administrative” requirements that an employee must follow before a lawsuit can be filed. These include filing certain forms with government agencies, including the U.S. Equal Employment and Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH). Please see our links page to link to these government agencies for further information.
