American employees, with some exceptions, have great freedom to find new jobs. The flip side to this "at-will" employment dynamic is that American companies have great freedom to fire employees for just about any reason.
But while courts are traditionally reluctant to meddle too closely with a firm's personnel policies, there are some legal limitations on a company's ability to lay off an employee. And if you're been unlawfully fired, our firm's wrongful termination lawyers can help you pursue compensation.
Under California's Fair Employment and Housing Act, you cannot be fired on account of:
- Gender or gender identity
- Sexual orientation
- Union activity
- Safety complaints
- Political affiliation
Now, no companies are so foolish as to openly fire someone because of one of these factors. They usually utilize some sort of pre-text, such as job performance. Particularly careful companies will create a paper trail establishing trouble with the employee before firing him or her.
Few employees are perfect, and there is usually some incident or issue on a person's record that can be used to justify firing them. However, under California law, an employee has a cause of action if one of the forbidden factors was listed above was a substantial motivating factor in the termination, even if it was just one consideration.
If you need an experienced wrongful termination lawyer in the Torrance, California area, please call Kirtland & Packard, LLP today at 310-536-1000 for a free consultation.