“At Will” Employment & Wrongful Termination
In California, most employers can terminate employees “at will,” meaning at any time and for any or no reason, so long as the underlying reason is not unlawful.
The “at will” employee designation does not allow employers to terminate your employment for any of the following discriminatory reasons: race, sex, color, national origin, religion, gender, sexual orientation, gender identity or gender presentation, transgender status, age, or disability (including pregnancy), medical condition, language (or accent), or marital status.
In addition, your employer cannot lawfully terminate your employment based on any of the following reasons:
- reporting your employer for discrimination, harassment or retaliation whether internally or to an outside agency, including the Equal Employment Opportunity Commission (EEOC), the Department of Fair Employment and Housing (DFEH) or the Occupational Safety and Health Administration (OSHA);
- demanding payment for wages earned at their applicable rates of pay;
- demanding all lawfully mandated rest breaks and meal periods;
- taking pregnancy, family, or medical leave.
If you have been subject to discrimination or harassment based on membership in a protected classification as stated above, you must file a complaint with the Department of Fair Employment and Housing (DFEH) generally within one year of the conduct or you may lose your right to pursue legal action. Employees may also elect to file with the Equal Employment Opportunity Commission, (EEOC). Filing with the EEOC requires that the employee file within 180 or 300 days from the date that the discrimination took place.
If you believe you have been terminated for an unlawful reason, you may be entitled to recover damages. Please call us at (415) 576-1500 to request a case evaluation.
Our attorneys have successfully litigated a wealth of employment cases, recovering damages for our clients and helping to enforce workers’ rights throughout California.