Firing an employee for a reason that violates public policy is called wrongful termination.
It is illegal to terminate an employee for a reason that violates public policy— Such as:
- Firing an employee for reporting unsafe working conditions
- Reporting wage/hour violations
- Discussing wages with other employees
- Reporting discrimination
- Hiring an attorney
- Attending rehab
- Taking time off for jury service
- Taking time off to appear as a witness
- Refusing to participate in illegal activities
- Using sick leave to care for a family member
- Cooperating with EDD proceedings
- Being a member of a union
- and more…
If you are unsure whether your termination violates public policy, feel free to contact us and ask.
Many state, federal, and even local laws prohibit employers from terminating employees because of certain forms of discrimination or retaliation. If your termination violates one of these laws, you may be able to take legal action.
A termination might violate law or public policy if it is based on:
- discrimination based on race, national origin, sex, pregnancy, religion, disability, age, marital status, sexual orientation, or gender identity.
- discrimination or retaliation for seeking a reasonable accommodation for a disability.
- discrimination or retaliation for having complained about discrimination or unlawful harassment, or for having filed a charge of discrimination with a government agency.
- discrimination based on a serious health condition necessitating a leave of absence.
- retaliation for taking a leave of absence for a serious medical condition.
- discrimination or retaliation for having been injured on the job, or for having filed a claim for workers’ compensation.
- retaliation for having complained about workplace safety.
- retaliation for having complained about wage violations or for having filed a wage claim.
- discrimination or retaliation for having joined a union or for participating in lawful union activities.
- retaliation for having complained to the employer, or to a government agency, about the unlawful activities of the employer.
If you have any questions or if you believe your rights have been violated, don’t hesitate to contact us for a free consultation.