Wrongful Termination: Everything You Need to Know

Everyday, people are fired or terminated from their job positions for various reasons. While employers often have the liberty to decide who gets to work for them or not, there are occasionally situations in which firing an employee is illegal. From the Title VII Civil Rights Act of 1964 to The Family and Medical Leave Act, there are multiple federal laws in place that protect an employee from unfair termination. If an employee believes that they have been wrongfully terminated from their job, they have the right to file a suit against their employer. To prevent the occurence of wrongful termination and protect the rights of employees, it is important that both employers and employees are aware of what is considered illegal in the workplace.

What is Wrongful Termination?

Without a specific contract, most employees are hired based on “at will” employment. This arrangement means that the employer has the right to fire an employee without having a good reason. There are exception to this type of employment, and the employer is protected in all situations except for when they fire a worker through discrimination or violation of public policy. When this occurs, the employee is considered to be wrongfully terminated from their job. In essence, wrongful termination is when an employee is dismissed from their job for an illegal reason.

Examples of Wrongful Termination

Discriminatory reasons for firing an employee are illegal in the state of California. Employers are not allowed to dismiss an employee due to factors such as:

• Race
• Age
• Gender or Gender Identity
• Pregnancy
• Sexual Orientation
• Mental or Physical Disability
• Political Affiliation
• National Origin
• Religion

In addition, to these discriminatory factors, employers are not permitted to fire employees due to reasons that include:

• Retaliation
• Sexual Harassment
• Whistle blowing
• Previous law violations
• Violation of employment

Statute of Limitations for Wrongful Termination

If you have experienced wrongful termination, it is imperative to file a claim as soon as possible. In California, the statute of limitations for wrongful termination due to discriminatory reasons is merely 300 days. Similarly, a violation of public policy has a statute of limitations of two years. Violation of contract, on the other hand, has a statute of limitations that is conditional based on the contract. Regardless, it is recommended to file a claim as soon as possible if you believe you have been unjustly dismissed from your job.

Has Your Job Been Wrongfully Terminated?

Losing your job can be a stressful and devastating situation, especially if you have been dismissed for unlawful reasons. If you have been victim to wrongful termination, you have the right to pursue a civil suit against your employers. In these unprecedented times, it is central to contact a wrongful termination lawyer as soon as possible. At SAC Attorneys LLP, our lawyers are extensively educated and experienced with this facet of law. Located in San Jose, California, our team is prepared to fight aggressively on your behalf. To schedule a free consultation with us, please do not hesitate to give our office a call at (386) 755-1977 today.