California law allows for at-will employment. This means that unless there is a specified duration of employment, the employer or employee has the right to terminate the employment at any time. This termination can occur with or without cause. However, federal and state laws have established some exceptions to the at-will rule. Some common reasons for wrongful termination include:
Race, Color, Sex, Religion or National Origin The Civil Rights Act of 1964 was a large piece of legislation that set out to end discrimination in the United States. Title VII of the Civil Rights Act prohibits discrimination in the hiring, firing, promotion, pay, and other aspects of employment. This ban applies to employers with fifteen or more employees from discriminating on the basis of race, color, sex, religion, or national origin.
Disability The Americans with Disabilities Act of 1990 protects qualified employees with disabilities from the same forms of discrimination as Title VII of the Civil Rights Act of 1964, including hiring, firing, and advancement. Discrimination may include denying employment opportunities to qualified individuals and refusing to make reasonable accommodations that do not pose an undue hardship.
Age The Age Discrimination in Employment Act of 1967 prohibits discrimination based on age for employees who are 40 years of age or older. The law allows employers to favor older workers based on age, but prohibits them from discriminating against such employees with respect to any term or privilege of employment.
Sexual Orientation Federal law does not prohibit discrimination based on sexual orientation. However, the California Fair Employment and Housing Act of 1959 protects employees from employment discrimination based on sexual orientation, disability, sex, race, color, religious creed, national origin, medical condition, age, and marital status.
If you believe you have been wrongfully terminated, seek the help of an experienced employment lawyer to discuss your case. The Advocacy Center for Employment Law is a San Jose law firm that focuses on employment harassment and discrimination litigation. To speak with an attorney about your case, call (888) 703-2911 today.