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Wrongful Termination

Fighting to Protect Employees' Rights

In California, the state labor code considers any employment relationship with no specific or limited duration to be "at-will" employment. By definition, at-will employment allows both employees and employers to terminate an employment relationship at any time, with or without a cause. Although at-will employment makes it possible for employers to fire an employee without a cause, there are still strict laws and limitations in place for the terms under which an employee may be terminated. Employers, for example, are prohibited from terminating employees in violation of statutes, court rulings, public policy, or other employment laws. While employees throughout the state are usually considered at-will employees, these various statues, policies, and laws protect them against wrongful termination, which includes a termination for any unlawful reason, including, but not limited to, the following examples:

As a statute in both state and federal legislation, employers are prohibited from terminating employees based on discrimination against any protected category. Protected categories may include race, age (above 40), nationality, religion, marital status, physical or mental disability, medical condition, and sexual orientation, among others.

Protected Activities
Under state and federal law, employees have the right to participate in certain protected activities, including leave for pregnancy, family, medical, or military reasons, and the right to attend a child's educational event. Employers are legally prohibited from terminating employees who exercise their rights to participate in any protected activity.

Termination as Employer Retaliation
Employers cannot fire employees if it constitutes employer retaliation. Common examples of the situations in which a termination would be considered retaliation include an employee's refusal to participate in illegal activity, enter an unsafe workplace, or an employee's protesting against discrimination, harassment, and other violations. Employees who file whistleblower claims are also protected against wrongful termination and retaliation.

If you have reason to believe that your employer committed a violation by terminating you for any unlawful reason, I encourage you to learn more about your situation and your rights as an employee during a free case evaluation. Employment law can be a dense and complex legal field, but with my assistance, you can more easily navigate this process, recover any damages you suffered, and ensure that justice is served.

Duncan Law Firm Can Fight for You

Just as I do with each personal injury case I work, I will devote the full weight of my experience, resources, and unswerving commitment to my clients who wish to stand up against wrongful termination. As an employee, you have rights, and I am here to help you better understand the ways in which you can exercise these rights through the American judicial system. Trust in my firm to deliver the step-by-step guidance and aggressive legal representation you deserve. Contact Duncan Law Firm to learn more about wrongful termination today.

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Duncan Law Firm - Pleasanton Personal Injury Attorney
6200 Stoneridge Mall Road, #300 Pleasanton, CA 94588. View Map
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