Wrongful Termination Against Public Policy

DSCN2285Wrongful Termination Against Public Policy

In California, it is unlawful for your employer to terminate you for a reason that is against public policy. Examples of reasons for termination that are against public policy is if your employer terminated you because of a protected characteristic, such as because of your sex, race, disability, religion, sexual orientation, or age.

Wrongful termination against public policy also includes cases where someone is terminated because they have made a sexual harassment complaint or a discrimination complaint. Other examples of wrongful termination against public policy include terminations based on an employees failure to comply with an illegal request by the employer, or for whistle-blowing.

Wrongful Termination – Breach of Employment Contract

Another type of wrongful termination is a termination that constitutes a breach of an employee’s employment contract. However, it is important to note that most employees in California are “at-will” employees. For at-will employees, the employment relationship can be ended the employer or the employer for any lawful reason, or for no reason at all. An employment relationship is not “at will” if the parties, by their words or conduct, agreed that the employee would be discharged only for good cause.
If you have an employment contract bringing you outside of “at will” employment, then you may have a case of wrongful termination if you were fired in breach of the employment agreement.