Our firm represents employees who have been terminated from their employment for reasons other than their job performance and for reasons that are improper under California law. Although California is considered an "At Will" employment state ("At Will" means that you can be terminated for any reason and/or leave your position and current employment at any time for any reason), employers are prohibited from terminating your employment for reasons that conflict with California law. In other words, you cannot terminate someone's employment for reasons that California law has recognized as being improper. In many instances, employers will use the "At Will" termination as a shield to protect them from being pursued legally for improper termination of employment. An experienced employment lawyer will be able to determine whether the cause of termination was just, or whether the termination was motivated by other illegal and improper factors, including but not limited to:
- Your age/race/gender/sexual orientation/disability, or other examples of improper discrimination;
- Your military service, including drill, deployment, and orders for special assignments;
- Injuries related to a workers' compensation claim;
- Reporting claims of sexual harassment;
- Reporting claims related to your employment such as meal and rest breaks, overtime, disability accommodation, medical leave, leave for court and/or jury duty, and others;
- Reporting claims of improper or unlawful business practices, such as fraud, illegal actions, failure to follow safety rules and protocol, and others;
- Asserting rights under the "FMLA" (Family Medical Leave Act), "CFRA" (California Family Rights Act), and/or discrimination related to pregnancy or paternity leave.
In cases where your employer terminates you due to any of the above reasons (or any reasons) that are unlawful, you will need an experienced employment attorney to investigate your case, including obtaining your employment file, preparing and filing a demand letter, or pursuing a law suit. A review of relevant documentation such as your employment file, employee handbook (if one exists), correspondence between you and your employer, "PIP" (performance improvement) plans, and performance evaluations will help determine whether a case exists. In addition, identifying co-workers, supervisors, or other individuals who could serve as witnesses will also be beneficial.
If you feel that you were terminated for reasons other than your performance, you have the right to investigate these claims. You may have been a target for improper employment practices and if you were, you have protections under California law. It is imperative you speak with an employment lawyer IMMEDIATELY to preserve any relevant statutes and to pursue your claim vigorously and expeditiously.
Please call our lawyers at Galine, Frye, Fitting & Frangos for a free consultation and an evaluation of the facts of your case.