Wrongful Termination in Violation of Public Policy
Wrongful termination occurs where an employer terminates an
employee for an illegal reason. In California, employment is
presumed to be "at-will", meaning that an employee can be terminated
with or without notice and for any reason or no reason at all, as
long as it is not an illegal reason. What is important to
understand is that what is unfair or unethical treatment is not
always illegal treatment.
In California, wrongful termination generally exists generally in
four situations: (i) where termination is prohibited by a statute
or constitution, (ii) where the employer fires the employee for
exercising a constitutional or statutory right, (iii) where the
employer fires the employee for the employee's refusal to violate a
law where a fundamental public policy is involved, and (iv)
whistleblowing (where the employee reports unlawful activities by
the employer or others to the government or law enforcement agency).
There are many reasons why an employer cannot terminate,
discriminate, or retaliate against an employee. These can be a trap
for an unwary employer, and of course for an employee who is
terminated, the effects can be devastating. An employer can reduce
the risk of liability and litigation by obtaining legal advice from
a competent attorney familiar with employment law. Moreover,
avoiding violating employees' rights and treating them fairly
increases morale and improves retention rates.
If you have a question about whether a specific situation may
constitute wrongful termination, please call our offices.