Employers cannot terminate an employee on the basis of several discrimination and harassment reasons. An employer that engages in wrongful discharge can be held responsible for employment law violations.
Wrongful Discharge Is Illegal
Employment in the United States is usually considered "at will," meaning an employer can fire an employee at any time. However, the employer is not able to fire anyone because of:
- Sexual orientation
- Reporting a sexual harassment claim
- Family and Medical Leave Act absences
- Support for a sexual harassment, discrimination or whistleblower claim
Many employees have difficulty understanding whether their employer engaged in wrongful discharge. It can be tricky for an employee to know for certain whether the employer relied on an illegal reason as cause for termination.
Our employment law attorneys have extensive experience investigating employees' allegations of wrongful termination. We know how to collect important evidence that can bolster a claim of wrongful discharge.
Free consultation: Complete our online contact form to schedule a time to meet with one of our attorneys.
Understanding At-Will Employment
Employees in all states but Montana work under a system referred to as at-will employment. This means, among other things, that employers can terminate employees at any time, without having to provide an explanation.
At-will employment does not mean, however, that your employer can fire you for any reason. In fact, employers are legally barred from terminating your employment under many circumstances.
- Have you been fired in California?
- Do you need information regarding your rights and wrongful termination retaliation law?
Contact our Southern California wrongful termination attorneys in Pasadena at 866-295-7512 or email us.
Your employer cannot fire you for any of the following reasons:
- Because you filed a claim for discrimination
- Because you claim to have been sexually harassed at work
- Because you're pregnant
- Because you requested time off under the Family and Medical Leave Act (FMLA)
- Because you have reported your employer for an employment law or environmental violation or other legal infringement
- Because of your race, religion, ethnicity, sexual orientation, gender identity, gender expression and numerous other protected statuses
- Because you are backing a co-worker's claim of harassment, discrimination or whistleblowing
Your employer also cannot retaliate against you for any of the above reasons. Retaliation may include termination, but can also include passing you over for a necessary training opportunity, denying you a promotion or raise or denying you any other privilege associated with your employment.
Were You Wrongfully Fired From Your Job In The Film And Entertainment Industry?
The entertainment industry can be a rough environment for employees. The stress usually associated with a position in the industry, coupled with the difficulty of breaking into it, is a burden for many in Southern California. While most employment in the entertainment industry is at-will, meaning the employer can terminate without cause, there are exceptions to the at-will employment rule.
Employers cannot fire an employee in the entertainment industry for the following reasons:
- Sexual orientation
Wrongful retaliation is also common in the entertainment industry. Retaliation in the workplace occurs when an employer fires or demotes you or denies you a promotion for reporting an illegal action such as discrimination, harassment or a wage and hour violation. Entertainment employers are not allowed to fire you just because you reported or supported someone else's report of an illegal employment law practice.
Helping Health Care Workers Who Were Wrongfully Discharged
Employers in the health care industry are barred from wrongfully terminating employees in California. The health care industry must follow both state and federal employment laws. When a health care employer wrongfully discharges an employee, the employee may be entitled to compensation that includes lost wages, lost benefits and punitive damages.
As with any other industry, heath care employers may not terminate an employee because of race, gender, sexual orientation, age or disability. If your employer discriminates against you and you lose your job as a result, you likely have a discrimination suit against your health care employer.
Health care employers also may not fire you for reporting sexual harassment or for supporting another's allegation of sexual harassment in the workplace. Very strict laws prevent an employer in the health care industry from discharging an employee.
Other examples of wrongful discharge in the health care industry include termination based on:
- Taking medical leave
- Reporting illegal medical billing practices
- Reporting wage and hour violations
- Serving in the armed forces
- Reporting medical privacy law violations
Holding your health care employer responsible for wrongful termination will not only provide you with the compensation you deserve, but will also help prevent future employment law violations against health care employees.
Free Consultation: Call Us Today
If you have been wrongfully terminated, Bononi Law Group, LLP, can help you. Please call 213-550-5503 for an immediate, no-obligation consultation.