In an at-will state like California, an employer should be able to fire an employee anytime and for any reason. However, the Labor Commissioner’s Office has more than 45 laws against discrimination and retaliation in the workplace. Employees can use these laws to...
Wrongful Termination
The rights of a working mother
People often find that going to work is inconvenient for different reasons. A working mother must deal with those reasons alongside her pregnancy and/or childbirth. It is only fair that the government protects working mothers and their rights to a conducive workplace....
Understanding wrongful termination and next steps
For the most part, California employers are free to fire their employees for any number of reasons: because the employee is doing a bad job, because the company needs to cut costs or even because the employer just doesn’t like the employee’s attitude. However, there...
Can you be laid off while on FMLA leave?
Work is about more than money. It is about dignity. This is one reason why being laid off can feel like a personal attack. It can feel especially galling when you are laid off while on FMLA when you though your job was protected. Can you be laid off while on FMLA...
What do you need to know about wrongful termination?
Many of our readers in California have heard the term “at-will” employment and, in some cases, they probably believe that this means an employer can fire an employee for any reason – or no reason at all. This isn’t exactly correct. As with most laws, there are...
Proving a wrongful termination
Losing a job is an emotional and difficult event to go through. This is not only challenging because it means one’s income has stopped, but it could also harm one’s reputation. As such, an employee should be well informed of their situation and whether they were...
What is wrongful termination?
California, like most states, allows at-will employment where employers have wide discretion to terminate employment. But there are situations where firing an employee is illegal. Employers may private lawsuits and government investigations and legal action. Wrongful...
Understanding wrongful termination
As an employee’s career progresses, sometimes he or she finds a great fit and stays for years without incident. In other situations, he or she may be terminated without warning and not know what to do next. If the employee is fired for an illegal reason, it is called...
Whistleblowers are protected in California under the WPA
Employees are generally told to follow the policies set forth by their employer and their manager or supervisor. However, if an employer is engaging in unlawful activity, employees have a legal right to refuse to participate, as well as a right to report their...
Severance agreements, Part-2: The employer’s perspective
A severance package is usually the final step in the separation process for and employer and its employee. The previous blog post discussed an employee’s perspective when it comes to severance agreements while this blog post will look at the employer’s perspective. As...