Wrongful Termination Information Center

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If your employer has approached you about accepting a severance package, you should know that it's important to be represented by counsel for the best possible deal. Severance agreements usually involve the employee waiving important legal rights in return for a financial pay-out - but your legal rights may be worth more financially than the package on offer. Don't accept the first offer - take it to an attorney to talk it over.

Frequently Asked Questions about Wrongful Termination

Q: What are illegal reasons for terminating an employee?

A: Employers are prohibited from discriminating against employees in violation of federal and state employment laws. Under federal law, employers must not discriminate against employees based on race, color, religion, sex, national origin or age. They also must not discriminate against people with disabilities when those disabilities can be reasonably accommodated. Some states prohibit employment discrimination based on sexual orientation, marital status or whether employees receive public aid. An employee who is terminated in violation of an employment contract also may have a legal claim against the employer.

Q: What can I be fired for?

A: If you are an at-will employee, you can be fired for any reason as long as it is not illegal. You can be fired for misconduct such as excessive absences or tardiness or simply because your employer does not like your personality. If you have an employment contract, however, your contract may limit the reasons for which you can be fired.

Skilled California Wrongful Termination Attorneys
Fresno Employment Law Firm

If you have been fired or punished for filing a complaint about your job, safety or for refusing to commit an illegal act, you may be able to file a claim of wrongful termination. Other things that fall under this category include being a whistleblower or being demoted despite past great performance reviews. If you feel you have been terminated or punished because you were considering filing a lawsuit charging employment discrimination, sexual harassment, or another illegal practice, our employment law attorneys at W. J. Smith & Associates in Fresno, California, can help you determine if you are eligible for compensation for your suffering. Our wrongful termination law firm was founded in 1980 with the purpose of offering aggressive and caring representation to victims who have been punished or fired for speaking up about injustice in the work place.

To learn more about how we can offer you emotional support and aggressive legal representation, contact our wrongful termination attorneys at W. J. Smith & Associates in Fresno, California, today. It takes real courage to speak up or refuse to commit an illegal act when your boss tells you it is mandatory. We understand if you are fearful of retaliation and further victimization, and we will vigorously work to protect you from future discrimination. We believe in our clients and their cases, and will fight to get you any just and fair compensation you are entitled to.

Wrongful Termination - An Overview

Wrongful termination refers to the involuntary termination of an employee in violation of the law or an employment contract. For example, federal and some state laws enumerate specific characteristics against which employers must not discriminate. Employment contracts often spell out reasons that an employee may and may not be fired. If you believe that your employer terminated you in violation of the law or a contract, speak with an experienced employment law attorney for advice.

Protected Categories

Under federal law, employers must not discriminate against employees based on certain characteristics. It is illegal to make employment decisions based on:

Race
Color
Religion
National origin
Gender
Disability
Age

In addition, some states ban discrimination based on characteristics such as sexual orientation and familial status.

Federal and some state laws protect workers from retaliation for:

Whistleblowing
Making legal claims against employers
Filing complaints about workplace safety
Refusing to work in unsafe conditions
Filing for workers' compensation

If the reason for termination violates public policy, the employee may have a cause of action for wrongful termination. Reasons for termination that violate public policy include:

Employee's refusal to commit an illegal act on behalf of the employer
Exercising a legal right
Complaining about or reporting illegal conduct of the employer

Breach of Contract

When an employee signs an employment contract, the contract often states that the employee may only be fired for good cause. Union contracts also may establish the same rule. Alternatively, the employee may have formed an oral contract with the employer to the same effect.

Sometimes, even when there is no explicit contract, the employee handbook establishes rules for termination upon which employees rely.

If an employer breaches a contract or agreement by firing the employee without good cause, the employee may have a legal claim against the employer. An attorney can explain whether the employee's rights have been violated and what the remedy may be.

Conclusion

Some reasons for termination are neither illegal nor contract violations. If a worker is an at-will employee, meaning that the employee or employer may end the relationship at any time and for almost any reason, the employer does not need good cause for firing the employee. The employer simply may not want to see the employee anymore. On the other hand, whether a contract exists or not, it is illegal to fire an employee in violation of the anti-discrimination and other laws described above.

If you or a loved one has been wrongfully terminated, or if you believe that you will be fired for a reason that violates the law or a contract, contact an employment law attorney for information on your rights.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Representing clients throughout Northern California and the California Central Valley region, including the cities of Fresno, San Joaquin, Madera, Kings, Merced, Clovis, Modesto, Stockton, Visalia, Hanford, Avenal, Sacramento, Folsom, Davis, Roseville and Carmichael, and in the counties of Tulare, Fresno, Madera, Merced, Kern, Kings, Yolo, Sacramento and Stanislaus.