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A termination can be frustrating, humiliating, and even confusing at times. If it feels illegal, you might be right.

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California is an ‘at-will’ state, meaning that your employer can terminate you without cause or without a justification.  That being said, your employer cannot terminate you for a reason that the law prohibits.  For example, you cannot be fired for reporting what you believe is unlawful conduct by the company.  Nor can you be fired for taking proper medical leave.  Your employer cannot terminate you for discriminatory motives under the Fair Employment and Housing Act (FEHA), or because you opposed conduct that is unlawful under the FEHA.

 

Oftentimes, the employer provides a legitimate reason as a pretext for firing an employee when in reality it is motivated by discriminatory animus.  Even when the employer is able to create a paper trail to ‘justify’ the termination, you may still be able to prove that the decision to terminate you was motivated by discrimination or retaliation, or another unlawful purpose.  

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Sometimes, a company layoff occurs but some or one of the employees selected for the layoff are chosen for discriminatory or retaliatory reasons.  If the employer has 'mixed motives' for terminating you, both lawful and unlawful, the termination is still unlawful.

 

Terminations of employment are unlawful when they are motivated by: 

 

• Your race, ancestry or national origin

• Your gender

• Your sexual orientation

• Your LGBTQ affiliation

• Your pregnancy

• Your physical disability, mental disability, or medical condition

• Your religious creed

• Your marital status

• Your age

• You complained about harassment or discrimination

• You rebuffed a supervisor’s advances

• You reported sexual harassment 

• You made complaints of illegal activity or practices

• You refused to engage in illegal activities or practices

• You are a whistleblower 

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A termination is also unlawful when it goes against a fundamental public policy concern, such as when you oppose a practice that is dangerous members of the public.  We can help you evaluate your situation.