California is an "At-Will" employment state, meaning employers may hire and fire employees at their will, unless a contract states otherwise or if the firing was done for an illegitimate purpose- such as in retaliation or for a discriminatory purpose.
Common wrongful termination cases usually are for the following reasons:
Employees aged 40 or older are protected from being terminated based on their age. If a company terminates an employee(s) based on their age to have a younger employee pool they may be liable for wrongful termination.
If an employee reports to or cooperates with a government agency about employment law claims, complains about employment law violations or otherwise exercises their rights or encourages another employee to exercise their rights the employee may be protected from termination based on those and other protected activities.
When an employee discloses to their employer they have a mental or physical disability, employers are required to engage in extensive dialogue with an employee on accommodating said disability. Failure to adequately engage with the employee to come up with a reasonable accommodation and then terminating the employee may be grounds for a lawsuit agains the employer.
Employers are prohibited from terminating an employee based on the employees sex, sexual orientation, or gender expression. Employers cannot terminate an employee because they came out as a member of the LGBTQ+.
Reporting an Injury/ Filing a Workers' Compensation Claim
Employers commonly fire employees after they file a Workers' Compensation claim or report being injured on the job. Such terminations may be grounds for a lawsuit.
Get Representation Now
If you believe you were wrongfully fired/ terminated for an illegitimate reason contact Struthers Legal today for a free consultation. Struthers Legal represents employees throughout California.