WRONGFUL TERMINATION

(415) 342-4125

The loss of a job can have a devastating effect on a person’s life. In addition to financial difficulties, the loss of a job may place strain on personal relationships and cause damage to one’s career and reputation.

Most employment in California is considered at-will, which means an employer can terminate an employee for no reason, an arbitrary reason, an unfair reason, or an irrational reason at any time and without notice. While the at-will relationship provides employers an upper-hand, employers may not discharge an employee for an unlawful reason or for a reason that violates a fundamental public policy. For example, an employer may not fire an employee for the following:

  • refusing to engage in unlawful activity

  • opposing or reporting unlawful employment discrimination or harassment

  • a discriminatory reason based on a protected classification, such as age, race, gender, sexual orientation, pregnancy, national origin, religious beliefs, disability, or veteran or military status

  • reporting or protesting unsafe working conditions

  • exercising the right to take unpaid leave under family medical leave laws

  • voluntarily testifying in support of a coworker’s sexual harassment lawsuit

  • whistleblowing

  • political affiliation

  • filing bankruptcy

Generally, an employer needs good cause or just cause to terminate a public sector employee, a union employee, or an employee working under a contract specifying termination only upon good cause or just cause. Job offer letters and Employee Handbooks often specify whether the employment relationship is one that is at-will.

If you believe you have been wrongfully terminated and would like to discuss your matter, give Martin Velez a call. You may reach him at (415) 342-4125 and at martinvelez@comcast.net.

Mr. Velez represents employees throughout the San Francisco Bay Area, including Alameda County (Fremont, Hayward, Oakland, and Pleasanton), Contra Costa County (Antioch, Martinez, Richmond, and Walnut Creek), Marin County (San Rafael and Novato), Napa County (American Canyon and Napa), City and County of San Francisco, San Mateo County (Daly City, Menlo Park, and Redwood City), Santa Clara County (Mountain View, Palo Alto, and San Jose), Solano County (Fairfield and Vallejo), and Sonoma County (Petaluma and Santa Rosa).