Types of wrongful termination

On Behalf of | May 6, 2022 | wrongful termination |

Wrongful termination occurs when your employer fires you without a justifiable reason.

Thankfully, there are laws that protect you from termination under specific circumstances.

Breach of contract or covenant

If your contract lists specific actions that could lead to termination, but your employer’s reason does not apply to any listed in your contract, you may have a case for wrongful termination for breach of contract. Even an oral agreement can hold up as a breach of contract.

Under any agreement, there is a presumption of fair dealing and good faith between both parties. If your employer terminates you under unfair terms, such as lying, you may have a case for wrongful termination for breach of the covenant of good faith.

Retaliation

Employers legally cannot retaliate against an employee in cases that involve:

  • Complaints about sexual harassment
  • Complaints about employee or employer misconduct
  • Taking necessary family or medical leave
  • Acting as a whistleblower
  • Complaining about violations of labor laws

Employers have a duty under California law to provide a safe workspace for all employees. Therefore, it is illegal for an employer to retaliate against you for reporting any condition that threatens the safety of anyone at work.

Discrimination

California laws strictly prohibit discrimination in the workplace. Race, gender, disability, sexual orientation, national origin, political affiliations, medical conditions, and more have protection from discrimination under state law. If you suspect the grounds for your termination are a violation of city, state, or federal discrimination laws, you could potentially seek action for wrongful termination.

The best way to protect yourself from or seek justice for wrongful termination is to know your rights.

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