Our firm handles wrongful termination cases for clients throughout the San Francisco Bay Area who have been wrongfully terminated. I am committed to helping people who have unlawfully terminated. I have been concentrating on employment law issues for over twenty years and have the skill and experience to solve my clients’ problems so they can move on with their lives.
While most employers will tell their employees that they are at will employees and can be terminated at any time with or without cause, this is not necessarily true. There are public policy exceptions to at will employment. For example an employee cannot be terminated for taking advantage of their rights under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), for requesting areasonable accommodation under the Americans with Disabilities Act (ADA), or forblowing the whistle on corporate malfeasance or government fraud. Additionally, an employee cannot be fired for the following reasons:
- Complaining about or supports a claim involving unlawful discrimination orharassment
- Complaining about unsafe working conditions or work practices to employers, or to a government agency such as Occupational Safety and Health Administration (OSHA)
- Participating in proceedings before the California Labor Commissioner
- Serving on jury duty or testifying as a witness in court
- Participating in political activity, including holding public office
- Serving as an election officer on election day
- Exercising rights under the Agricultural Labor Relations Act
- Disclosing information to a government or law enforcement agency, if the employee has reasonable cause to believe there was a violation of law including issues related to the Sarbanes Oxley Act
- Refusing to patronize the employer in connection with the purchase of anything of value
- Refusing to submit to a polygraph, lie detector. or similar test
I addition, many employee handbooks establish progressive disciplinary guidelines which must be followed prior to an employee’s termination. These written guidelines can form a de facto employment contract the employer must honor prior to terminating an employee. Also, an employee who has worked for an employee for a number of years may be able to claim that there is an implied contract between the employer and the employee.
California and Federal employment law are extremely complex. If you believe you have been wrongfully terminated it is important to contact an attorney with extensive experience handling employment law cases in state and federal court. I am an experienced Virginia wrongful termination lawyer that handles public and private sector wrongful termination cases. Please contact a wrongful termination lawyer and let me put my twenty years of employment law experience to work for you.