Was My Firing Unfair?
Maybe, maybe not. It often depends on whether you believe the trivial or unfair reason your employer gave for firing you was their real reason, or whether you feel that they used a fabricated or minor infraction as an excuse (“pretext”) to fire you for a reason that is prohibited by California’s anti-discrimination and whistleblower protection laws.
For example, in California, you can sue your employer for wrongful termination if you were fired for reasons that violate the following anti-discrimination and whistleblower statutes:
- California Fair Employment and Housing Act (FEHA)
- California Family Rights Act (CFRA)
- Pregnancy Disability Leave Law (PDLL)
- Labor Code Section 1102.5
How Can California’s Employment Laws Protect Me from Wrongful Termination?
You would be able to sue under California law if, for example, you are fired for any of the following reasons:
- Race
- Age
- Sex
- Gender
- Pregnancy
- Disability
- Religion
- Sexual orientation
- You need a leave of absence to recover from or treat a medical condition or disability (under certain circumstances)
- You need a leave of absence to care for a relative who has a serious health condition (under certain circumstances)
There are other laws that protect employees from being fired for opposing or complaining about suspected or perceived illegal activity by their employer, such as:
- Not being paid wages or overtime owed
- Being denied breaks
- Being denied time off for jury duty, military service, or certain court proceedings
Complaints about workplace safety are also protected under the California labor Code.
What if There’s No California Statute That Protects Me from Wrongful Termination?
Even if no statute protects you from termination, you may still be able to sue if you have an express or implied contract. If you have an employment contract for a particular term or length of time, or a contract stating that “good cause” is needed to fire you, you can sue for breach of contract if you were fired for reasons that were petty, trivial, unfair, untrue, or fabricated.
What if I Don’t Have a Written Employment Contract?
You may be able to sue for breach of implied contract if you have no written employment contract but have worked for your company for a long time and have received good evaluations. Similarly, you may have a breach of implied contract claim if your superiors have made statements to you implying that you would not be fired without a good reason, such as telling you that you will always have a job there or that you can continue working indefinitely as long as you keep doing a good job.
Let Our California Wrongful Termination Lawyers Help You Determine What to Do Next
Even if your firing doesn’t appear to be wrongful according to anything mentioned above, it still may meet the standards necessary for you to pursue a wrongful termination claim in California. Therefore, it is vitally important that you consult our wrongful termination attorneys if you have any questions about whether your firing was illegal and will support a lawsuit.
Don’t wait! Time is of the essence. Your legal claim may have a statute of limitation. Call Feldman Browne, APC at (310) 984-1415 or connect with us online today to schedule your free, no-obligation consultation.
