In California, an at-will state, your employer can let you go without providing you with a reason at any time. This can be very difficult if your personality does not mesh with your boss’s, if a rumor starts at work about you, or if they want to hire or promote someone else in your place, they can do it without a second thought. If you lose your job for reasons that you believe could be unlawful, contact Walker Law today for a free consultation.
Just because California, the state where you are employed, is an at-will state does not mean that you are without rights under federal and state law. Typically, employees have a handbook that explains how at-will employment functions. Often, companies will ask employees to sign a document submitting to the company’s at-will status.
Reasons That It Is Illegal To Fire An Employee in an At-Will State
Employers cannot fire you for absolutely any reason, though in an at-will state, it may feel that way. An employer can not terminate your employment for the following reasons:
Your employer cannot discriminate against you because of your age. Being 40+ puts your age in a protected category for age discrimination.
Your sex is not a reason to terminate your employment.
You cannot be fired because of your gender.
Your religious beliefs are not a protected reason to fire a person.
Sexual orientation is protected and not an allowable reason to let someone leave their job.
Nationality and race are protected, and one should not lose their job because of either.
You are allowed to take leave under the Family and Medical Leave Act (FMLA), and you will not lose your job for taking this protected leave.
Retaliation is also an unlawful reason to fire a person. If you report your employer for illegal behaviors (whistleblow) or if you simply participate in an investigation, it is unlawful to terminate your job.
Wrongful Termination
If you have lost your job for any of the reasons listed above, you have experienced a case of wrongful termination, which is illegal. If you are wrongfully terminated, you are entitled to bring a lawsuit against your employer for the discrimination you have experienced.
When Your Job is Protected
Employers are not always allowed to fire their employees at will. Sometimes, an employee may be under contract, which lends them protection. At other times, the union members are offered better protections. Union members can sometimes lean into the collective bargaining agreement that the union provides.
Contact a Wrongful Termination Lawyer Today
When you suffer a wrongful termination, you must contact a San Diego wrongful termination lawyer today. At Walker Law, we will review your case and help you determine whether your firing was legal. If we find that your rights were violated, we are ready to fight for you or them with all the force we can muster.
Our experienced legal team at Walker Law has the skills and knowledge to advocate for you if you have lost your job. We are ready to take on your employer to ensure your rights are protected and that you are treated fairly throughout the process. Give us a call at
(619) 839-9978, or fill out the form on our website that is located here.
