Your company has a dress code, but you don't agree with it. You decide not to adhere to it, get a warning and then eventually get fired when you continue breaking it. Is this legal?
Your boss calls you into his or her office and tells you that you're being fired, effective immediately. You're instantly furious, because you think it's not just unfair, but illegal. Maybe you recently filed a sexual harassment complaint, for instance, and you believe that's why you're being fired.
A retaliatory termination is just one type of wrongful termination. It may be illegal, it may violate your rights as a worker in California, and you need to know what legal options you have.
Many workers are hired on an at-will basis, meaning they have no contract and can be fired -- or can quit -- without a reason. This can't be done illegally, of course, meaning that workers can't be fired based on ethnicity, gender, or other protected classes. However, it means employers don't necessarily have to have a reason for the firing.
You get fired, and you think it was because of something you said on the job. As such, you instantly think it's a wrongful termination. After all, doesn't the First Amendment to the Constitution give you the right to free speech, automatically protecting you from being fired for what you say?
Marijuana is now legal in small amounts for recreational use. However, your company may have had a strict no-drug policy from the days before Proposition 64. If they fire you, is it a wrongful termination since you weren't breaking the law, or can the company let you go legally?
Snapchat is on the way to an IPO and becoming a publicly traded company. That's quite a rise for a photo-sharing app, but now a former employee is claiming that it's not been quite as smooth of a rise as the company would have people believe. He claims that Snapchat has been faking it's own growth in an effort to increase its value artificially before shares are available.
Suddenly losing your job can be traumatic, especially when it catches you by surprise and you think the firing may even have been illegal. Below are a few key ways that the termination may, in fact, have broken the law.
You want to take some time off of work, but your employer tells you that you can't. You do it anyway, and you get fired. Is this action by the employer illegal or not?