Wrongful termination attorney | lawyer in Sacramento

Wrongful Termination

One of the most frequently misunderstood legal theories in California employment law is wrongful termination. Many people think that if their employment has been terminated without just or good cause, that they have a wrongful termination case. This is not always so.

Generally speaking, in the State of California, it is not unlawful for an employer to be unfair, incompetent, or unreasonable in making employment decisions. The obvious exception to this general rule is when an employer makes an employment decision based on a protected category (race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, age, or sexual orientation), in which case the employer has unlawfully discriminated, and the employee would have a potential discrimination case.

Wrongful termination in violation of public policy

Wrongful termination in violation of public policy occurs when an employer terminates an employee for attempting to enforce the law. For example, if an employee reports illegal activities occurring in the workplace to the authorities, and in response the employer fires the employee, the employee would have a claim for wrongful termination in violation of public policy. However, the employee is required to prove that the protected activity (e.g. reporting illegal dumping of chemicals) was for the benefit of the public at large, and that the termination occurred as a result of the protected activity. An employee might also have a claim under similar circumstances if he or she was demoted or suspended without pay.

Contact our office to discuss your case

If you believe you have been the victim of wrongful termination, please contact our office to discuss your case. You can tell us about your case confidentially online, or call us at (916) 441-5566.