Have you been fired for a questionable reason or think you were fired because of your disability, pregnancy, or request for medical leave? We can help. Our qualified CA employment lawyers have abundant experience handling employment law cases, including wrongful termination, disability discrimination, and retaliation cases. If you believe that you have been unjustly fired, you may have a right to file a wrongful termination claim against your former employer.
When Can an Employee be Terminated?
In California, most employment relationships are “at will.” At will employment means that the employer may terminate the employment relationship for any reason. However, there is an exception when there is some unlawful motivation or retaliatory reason for the termination. Unlawful motivations for termination are generally reasons which California courts have held are in violation of public policy. Examples of reasons for termination which may violate public policy include:
- Race, sex, disability, sexual orientation, religion, or nationality
- Refusing to work in unsafe working conditions
- Opposition to an unlawful activity
- Requesting an accommodation for a disability
- Taking pregnancy leave
- Taking time to vote
- Marital or family status
- Refusing to sign an unlawful non-compete clause
- Taking family or medical leave
- Reporting unlawful activities to a government agency
What is Constructive Wrongful Termination?
Another type of wrongful termination is called constructive wrongful termination. Constructive wrongful termination occurs when an employee is not fired but quits because the working conditions have become so awful that they have been left no other option but to quit. California courts have held that if conditions are so extreme that a reasonable person could not consider continuing to remain in their employment any longer, then a person may quit and seek damages for their lost wages as a result of the constructive termination. However, employees are expected to use exhaust all reporting mechanisms to resolve their employment issues before quitting. Failure to try and remedy the situation before quitting often prevents an employee from making a constructive termination claim. If an employee has exhausted all reporting mechanisms, and nothing changes, an employee may quit and seek compensation for their lost wages.
Contact Our California Wrongful Termination Lawyers
Cunningham Law, APC is a California based employment law firm that aggressively represents employees who have become victims of wrongful termination. If your employer has terminated your employment, refused a reasonable accommodation, or otherwise discriminated against you based upon a disability, our California Employment Lawyers can review your case for free and determine if you have a possible claim for wrongful termination. For a free consultation with an employment attorney at Cunningham Law, APC, please call us at (858) 376-7390.