employment law
wrongful termination
California is an "at-will employment" state, which means your employer can fire you at any time for any reason, or for no reason, provided that it is not for an illegal reason. For example, it's legal for your employer to fire you because they think you're lazy even though you're not. But it's illegal for your employer to flre you because of your race or gender.
There are many exceptions to the general rule that employers can fire you "at-will" including:
- Breach of Contract.
- Fraud.
- Protected Categories.
It is illegal for an employer to terminate you because you're a member of a protected category. (See list of protected categories below.)
We sued a Zynga for wrongful termination, alleging that our client was terminated because of his age and medical condition, both of which are protected categories. Per a confidentiality agreement, we can only state that the case was "resolved to our satisfaction. Read Complaint.
If you think you were wrongfully terminated, call our office for a free consultation.
work harassment
Harassoment is generally defined as unwelcome behavior and policies that are based upon a protected category, like race or religion. (See protected categories below.)
Examples of harassment include:
- Unwanted touching, physical assault.
- Offensive jokes, racial or sexual slurs, or name calling.
- Verbal assaults, including insults, threats, intimidation, or ridicule.
- Objects or pictures that are offensive in nature.
- Conduct that interferes with an employee’s work performance.
Harassment can appear in many forms. If you think you've been harrassed based on one the protected categories below, call our office for a free consultation.
work discrimination
In California, it is illegal for employers of 5 or more employees to discriminate against job applicants and employees because of a protected category (see categories below), or retaliate against them because they have asserted their rights under the law. See California Civil Rights Department.
Discrimination based on protected categories can take many forms:
- Different hiring, firing, promotion or demotion practices.
- Different pay scales.
- Adopting a policy that disproportionately affects certain workers based on protected categories.
If you think you've been discriminated against based on one the protected categories below, call our office for a free consultation.
protected categories
Here is a list of the protected categories in California.
- Race.
- Ancestry, national origin.
- Religion, creed.
- Age (40 and over).
- Disability, mental and physical.
- Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions).
- Sexual orientation.
- Gender identity, gender expression.
- Medical condition.
- Genetic information.
- Marital status.
- Military or veteran status.