Wrongful Termination: When Does This Occur?

By Malatesta Law on March 9, 2018

Most employees in California have “at-will” employment. This means that the employee can be terminated at any time, for any reason, so long as it is not an illegal reason.

It is illegal for an employee to be terminated for any of the following reasons:

• Because of the employee’s sex.
• Because of the employee’s race.
• Because of the employee’s disability.
• Because of the employee’s age.
• Because of the employee’s religion.
• Because of the employee’s national origin.
• Because the employee took a FMLA/CFRA leave.
• Because the employee took a leave under the California Pregnancy Disability Leave Law.
• Because the employee reported what they believed to be unlawful conduct.
• Because the employee refused to do something they believed to be unlawful.
• Because the employee reported harassment.
• Because the employee reported discrimination.
• Because the employee reported unsafe working conditions.

An employee’s termination based on any of the above reasons would violate California law. Consequently, an employee would be able to file a lawsuit against their employer and recover damages for their employer’s unlawful actions.