SAN FRANCISCO WRONGFUL TERMINATION LAWYERS

When employees are fired, they often believe they have been wrongfully terminated. That belief should be tempered with the reality that California is an “at will” employment state. Most employees can be fired for any reason or for no reason at all, as long as they are not fired for an improper reason.

For instance, you cannot be fired in retaliation for complaining about sexual harassment or national origin. Similarly, an employer may not terminate employment because an employee has taken medical or disability leave in accordance with California law. Nor may an employer terminate employment because of race, gender, religion or sexual orientation. The employee rights attorneys of Bracamontes & Vlasak, P.C., can assist with your wrongful termination claim.

You Cannot Be Fired For These Reasons

Although California is an “employment at will” state, federal and state laws provide protections to employees fired in the following circumstances:

• Retaliation: In whistleblower situations in which you pointed out illegal or unethical behavior by your employer.
• Harassment: If you reported Sexual harassment or racial harassment or harassment based on sexual orientation, age, religion, national origin, disability or illness ( HIV/AIDS).
• Discrimination: If you reported discrimination based on race, gender, sexual orientation, age, disability, illness (including HIV/AIDS), national origin or religion.
• Contract: If you have an existing employment contract or implied contract. An implied contract is often formed when an employee has been working for an employer for many years, and it is tacitly understood that the employee will retire there or will only be fired for good cause. Written contracts may guarantee terms of employment or limited grounds for termination.

Related Employee Rights Issues

You do not have to be a victim of wrongful termination to pursue litigation against an employer. Many times, employees are demoted, passed over for promotions, or get reduced hours or responsibilities for complaining about unlawful practices.

Bracamontes & Vlasak, P.C., also represents employees with wage and hour violations, when employees are not getting paid for overtime, are being forced to work off the clock, are improperly designated as salaried employees or contractors, or are forced to take “comp time” in lieu of overtime pay. Schedule a free consultation by email or by calling 415.835.6777.