Wrongful Termination

• Under California law, an employer may not terminate an employee for an illegal reason even if the employee is an at-will employee. What are some examples of illegal reasons?

  • If you are terminated for not participating in your supervisor’s or co-worker’s sexual advances.

  • If you are terminated because your employer does not want to reasonably accommodate your disability.

  • If you are terminated because you are “too old” or “too slow” and you were at least 40 years old when terminated.

  • If you are terminated for being pregnant.

  • If you are terminated as a result of your race.

  • If you are terminated for being homosexual.

  • If you are terminated for complaining about wage and hour violations.

• Common Employment Issues:

  • Sexual Harassment/Sexual Assault

  • Discrimination

  • Retaliation

  • Wage and Hour Violations

  • Wrongful Termination/Constructive Termination

Constructive Termination

• Constructive termination occurs when an employer intentionally or knowingly allows intolerable work conditions to continuously exist against you where you are essentially forced to quit.

• What is an example of constructive termination?

  • Your supervisor on a daily basis inappropriately touches your hair or back, calls you beautiful, and frequently tries to ask you out. You have told your supervisor to stop on many occasions, but the conduct does not stop and you are forced to quit. This may give rise to constructive termination.