WRONGFUL TERMINATION & DISCRIMINATION

Handling employment and labor law cases in the Bay Area and throughout California, The Law Offices of Steven E. Springer represents employees and employers involved in wrongful discharge, wrongful termination, retaliation and discrimination matters. Employment and labor laws govern all aspects of the relationships between employers and employees. While many have been designed to protect the rights of employees, these laws maintain a balance of fairness and equity between employers and employees that is vital to the health of all businesses. The firm maintains a holistic practice for discrimination and wrongful discharge, representing both plaintiffs and defendants in these matters.

WRONGFUL TERMINATIONS AND EMPLOYMENT DISCRIMINATION IN CALIFORNIA

While it is easy to understand what discrimination is, wrongful discharge is a bit more complex. In California, most employment is considered “at will” — meaning that either the employer or the employee can terminate the working relationship for any reason, with or without cause. However, if there is some unlawful motivation or retaliatory reason for the termination, the employer may have violated the law and the employee may be able to bring a lawsuit.

Under federal and state law, there are numerous protected classifications for which it is illegal to discriminate against an employee, including:

• Sex

• Race

• National origin (where you come from)

• Religious affiliation

• Disability (actual or perceived)

• Sexual orientation

• Marital status

• Pregnancy status

• Transgenderism

• Weight and height (in certain municipalities in California)

EXPERIENCED LAWYERS FOR DISCRIMINATION AND RETALIATION MATTERS

The firm’s wrongful termination labor lawyers represent employees and employers that may have a wrongful termination claim or a retaliatory discharge claim. Employers cannot terminate employees for certain reasons, including:

• Being member of a protected class (listed above)

• Opposing some unlawful activity

• Whistle-blowing, filing a qui tam claim

• Demanding overtime, lunch breaks or rest breaks

• Requesting reasonable accommodations for a disability

• Taking pregnancy leave

• Taking federal or state family and medical leave

• Refusing to work in an unsafe workplace

• Refusing to sign an unlawful non-compete clause in an employment contract

• Political affiliation

• Reporting discrimination or sexual harassment

• Voting

• Serving jury duty

• Filing workers compensation claims

• Utilizing company benefits

California also recognizes “constructive wrongful termination,” which occurs when an employee is not terminated but believes that conditions are so horrible that he or she is forced out or has no other options.

EMPLOYERS AND EMPLOYEES MUST FOLLOW THE RULES

Take note, however. If you are an employee, you must follow all the reasonable procedures your company provides to resolve the situation before taking action. If you do not do so, you might be barred from bringing a lawsuit. Employers should take steps to repair and document the complaints, if any. An employment attorney at The Law Offices of Steven E. Springer can assist with the compliance and review of claims.