Wrongful Termination

To most people, steady employment is one of the most important necessities of life.  Secure employment provides financial security and a basis for raising a family and sending children to college.  Unfortunately, people are frequently terminated for unlawful reasons.  While employers generally have the right to terminate employees, a termination may be a 'wrongful termination' for which the employer is liable for damages. 

The definition of wrongful termination is broad, and a wrongful termination may be found under a variety of facts.  Generally, California law follows the 'at-will' employment doctrine.  Under this doctrine, an employer may terminate or demote an at-will employee with or without just cause.   It also means you can quit for any reason at all.  

When a Termination is Wrongful

To be considered a 'wrongful termination' under the law, the termination must violate some fundamental public policy.  This means the termination violates a statute, regulation, or constitutional provision.  There are many examples.  One illustration is where the employer directs a worker to violate a law or regulation.  In that case, the employer cannot legally fire the employee for refusing to break the law.  Another example is where an employee is terminated because the employee complains about what he or she reasonably perceives as a violation of law, such as a failure to pay overtime, failure to provide lunch breaks, failure to provide family or medical leave, late-payment of salary or wages, or workplace safety issues.  If an employee is fired in retaliation for being a 'whistle blower', that would constitute an actionable claim for wrongful termination.

Another type of public policy violation that results in a 'wrongful termination' claim occurs when the employer's actual reason for firing the employee is based on some form of discrimination, such as an employee's race, religion, age, sex, disability, sexual orientation or national origin.  

Our extensive experience has enabled us to provide clients with the quality representation they need when pursuing a wrongful termination claim against their employer.  

Contact Donahoo & Associates Today to Set Up a Free Consultation.