Wrongful Termination and Retaliation
California and federal laws, including Cal. Lab. Code § 1102.5 and various federal statutes, prevent employers from taking adverse employment actions (such as demotions or termination) against employees for engaging in protected activity. Such protected activity could include complaining about an illegal employment practice or participating in a lawsuit against your employer. Critically, under the law, the employee only needs to have a good faith belief the activity complained of is illegal, and even if the complained-of activity ultimately proves lawful, the employee is still protected.
Breach of Employer Contracts
The general rule in California is that employment is at-will—meaning that an employer can let you go for any reason that is not specifically protected under California law. However, there are exceptions to this general rule. If you have worked for your employer for an extensive period of time, or have been given oral or written promises of employment, and are subsequently fired or denied promised compensation or benefits, you may have a claim against your employer for breach of an employment contract.
In addition, employers may make promises to you regarding things like compensation, benefits, severance pay, leaves of absence, etc. You have a right to enforce legally binding promises that an employer has made to you, and subsequently reneged on, based on contract principles.
The Wand Law Firm, P.C. can provide counseling to help you proactively protect yourself and to negotiate more favorable employment terms. For instance, the Wand Law Firm can help guide you in the right direction in the following circumstances:
You have gotten into a dispute in the workplace and are unsure how to handle the situation.
You have been suspended but are unsure if you have been officially terminated.
You have been terminated and are in the process of negotiating a severance package or are owed wages or other benefits at the time of termination.
You believe your employer is doing something that may be illegal and you are unsure what to do about it.