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Employment Law: Unlawful Termination in California

It’s never easy to lose a job. But if you feel that you may have been unlawfully terminated, you may be able to pursue a case under California employment law. Many states, including California, have “at-will” employment, which means that the employer can fire you at any time for any reason–except reasons that are prohibited by law.

Categories of Unlawful Terminations 

If you’re a member of a protected class and think you may have been discriminated against, you may have a case. It is illegal to fire anyone based on physical or mental disability, pregnancy, race, religion, gender or gender identity, age, national origin, or political affiliation, or sexual orientation.

In addition, you may not be fired in retaliation for taking maternity leave or medical leave, making safety or health complaints against your workplace, complaining about unpaid wages or overtime, or reporting Labor Code violations.

What Constitutes a Violation?

Unlawful termination is present when any of the reasons listed above was a substantial motivating factor in the decision in the decision to terminate your employment–even if it is just one of several factors.

In addition, even if you haven’t been fired, you may be eligible for a wrongful termination suit if you were forced to quit due to a hostile work environment (a category known as constructive termination).

Recoverable Damages

If the court decides you have been wrongfully terminated, you may be entitled to recover past and future lost wages and benefits, damages for emotional distress, and attorney fees or court costs.

If you believe you may have been wrongfully terminated, contact The Spencer Law Firm today for a consultation.