Wrongful Termination / Discrimination Attorney In Ventura, California

It might come as a surprise. But – generally speaking – your employer can fire you at any time without notice, for any reason at all or for no reason at all, even if it’s unfair and even if they’re wrong. That’s what “at will” employment means, and California is an at will employment state. (Labor Code § 2922.) Most of the time, you’re only remedy for an unfair firing is to file for unemployment.

So when can you file a lawsuit for discrimination? Well, just because your employer can fire you for any reason at all, they can’t fire you for the wrong reason. And if it turns out they fire you for the wrong reason, and you can prove it, you have a claim for discrimination.

What are the wrong reasons to fire someone? California law looks to statutory laws and public policy for guidance. A wrong reason is anything that violates an employee’s rights under either of those.

The Fair Employment and Housing Act is a good example. It protects employees from termination or any adverse employment actions based on the person’s

And so, if the employer fires someone because of any one of these characteristics, the employee has a claim for wrongful termination. The employer can’t hide behind the at-will employment doctrine for protection.

Another example is termination based on whistleblowing. Whistleblowing occurs when an employee reports an employer’s misconduct to a government agency or investigative body (Labor Code §§ 1102.5 (general), 98.6 (wage and hour)) or even to the employer itself. (See Collier v. Superior Court (1991) 228 Cal. App. 3d 1117, 1119-1120, 1123.) An employer cannot retaliate against a whistleblower.

Employees also have job security even if they need some time off for protected reasons. Employers cannot termination employees who need some time off work for jury duty (Labor Code, § 230 (a)), to vote (Elections Code, § 14000), to serve in the military (Military & Vet. Code, § 394), or for serious medical conditions of themselves or their family members, including the birth of children. (Gov. Code, § 12945.2).

Public policy can also prevent an employer from terminating an at-will employee. (Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654.) Public policy must be fundamental in order to protect an employee’s job. Courts say that the policy must be tethered to a constitutional or statutory provision, benefic the public as a whole rather than an individual, must be substantial and fundamental, and must be well-established at the time of termination. (Stevenson v Superior Court (1997) 16 Cal.4th 880, 889⁠–⁠890.)

The attorneys at the Law Office of Ball & Yorke have been handling discrimination cases for more than 30 years. The attorneys will meet with you in person or remotely to help you determine if you have a claim for wrongful termination. If you do, they can help you hold your former employer accountable, while making sure you receive the compensation you deserve.