You can be terminated for any number of reasons—poor performance, bad
attendance, or simply not fitting the company culture. What employers cannot do,

however, is target your identity or use your job as a way to leverage the unlawful conduct they want.

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The four general categories or wrongful termination include:

• Discriminatory termination based on membership in or association with a protected class.
• Retaliatory discharge in response to a protected action by the worker, such as filing complaints for harassment or wage violations.
• Tortious wrongful termination, which is termination in violation of public policy.
• Breach of an employment contract or the employer’s own policies and procedures.

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Types of Wrongful Termination

Each of the limitations on termination discussed above arises under a specific statute or principle of law.

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Discriminatory Termination

Both California and federal law prohibit employers from terminating workers on the basis of membership in or association with a protected class.

The key statutes protecting against workplace discrimination include:

• Title VII of the federal Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, national origin, and sex.
• The federal Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination of workers and applicants aged 40 and older.
• The California Fair Employment and Housing Act (FEHA), which protects workers and applicants covered by these and other federal statutes, and adds classifications not protected under federal law.

The FEHA prohibits employers from discriminating on the basis of:

• Race
• Religion
• National origin
• Color
• Ancestry
• Physical disability
• Mental disability
• Medical condition
• Genetic information
• Marital status
• Sex
• Gender, gender identity, or gender expression
• Age
• Sexual orientation
• Military or veteran status

If you believe you were terminated based on one of the characteristics listed above,an experienced California wrongful termination attorney may be your best resource.Schedule a free consultation with our compassionate employment law attorneys today to learn more about your rights after a discriminatory termination.

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Retaliatory Discharge

Both the California legislature and the federal government understand that the fear of retaliatory action by an employer can prevent employees from reporting unlawfulbehavior in the workplace. When employees are afraid to step forward, everyone suffers, and the employee facing discrimination is helpless to protect themselves. Employees who witness safety violations and do not report them leave other workers—and, perhaps, the public—at risk.

For example, the California Labor Code protects employees who file or threaten to file claims or complaints with the Labor Commissioner, or who institute or cooperatewith any proceeding relating to rights under the jurisdiction of the Labor Commissioner. Federal law provides similar but more limited protections.

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Termination in Violation of Public Policy

California law creates a cause of action known as “Wrongful Termination in Violationof Public Policy,” which provides a remedy for any employee who was discharged for reasons that go against an established public policy.

For example, an employee who is terminated for reporting ongoing safety violationsmight have a claim for wrongful termination in violation of public policy, since publicpolicy supports the reporting and remedying of dangerous conditions in the workplace.

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Taking the First Steps following Wrongful Termination

If you feel you’ve been wrongfully terminated, you will want to get knowledgeable guidance right away. Here are a few steps to familiarize yourself with:

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‍Document Everything:

• Document exactly what occurred, with date, time, and people present.
• Make note of any other witnesses who may have relevant information.
• Carefully limit what you say in response to notice of termination.
• Do not allow your employer to rush you into signing anything without consulting an attorney.

File a Complaint:

• Our team of skilled attorneys can help fill out the correct forms and ensure that your filing documents contain no errors and file the complaint.

Certain types of wrongful termination claims must first be submitted to a government agency for review, and the deadlines for submission of such claims can be much tighter than the timeline for a civil lawsuit. Therefore, it is essential that you educate yourself about your rights and options as soon as possible.

Take the first step toward protecting your rights today.

Schedule a free consultation with one of our Los Angeles wrongful termination attorneys by calling (800) 437-7991 or contacting us online.