Wrongful Termination

Thursday, May 15, 2008

Rogers Employment Law • 100 Bush Street Suite 1980 • San Francisco, CA 94104 • Phone: (415) 981-9788 • Fax: (415) 981-9798

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Frequently Asked Questions about Wrongful Termination

Q: What is employment-at-will

A: Employment-at-will means you can quit, or your employer can fire you at any time with or without notice. Your employer can have any reason for the termination, or no reason at all, as long as your employer does not engage in wrongful termination.

Q: What can I be fired for?

A: If you are an at-will employee, you can be fired for any reason so long as it is not illegal. An at-will employee is any employee that is not working under a contract with the employer. You can be fired for misconduct such as excessive absence or tardiness or simply because your employer does not like your personality. If you have an employment contract, your contract will provide the reasons for which you can be fired. If the contract is silent as to the reasons you may be fired, the law usually provides you can only be terminated for a legitimate business reason.

If your employer has approached you about accepting a severance package, you should know that it's important to be represented by counsel for the best possible deal. Severance agreements usually involve the employee waiving important legal rights in return for a financial pay-out - but your legal rights may be worth more financially than the package on offer. Don't accept the first offer - take it to an attorney to talk it over.

While state law does not recognize a right to employment, it does acknowledge that there are illegal reasons to be fired. If you were wrongfully terminated from your job because you complained about unlawful behavior, unsafe working conditions, or blew the whistle on your employer’s inappropriate activities, you may have just cause for a lawsuit.

At the Rogers Employment Law Firm, I represent employees who have suffered wrongful termination in the greater San Francisco Bay Area, including the communities of San Rafael, Berkeley, Oakland, Palo Alto, Santa Clara, and Fremont. This webpage provides general information about wrongful termination and related laws. For information specific about your situation contact me, Richard Rogers, a San Francisco wrongful termination attorney with more than 20 years of employment law experience.

Wrongful Termination - An Overview

Wrongful termination refers to any nonvoluntary termination of an employer for an illegal reason. Employers cannot violate valid employment agreements or discriminate against employees in personnel actions. Under federal Title VII, employers may not discriminate against employees based on race, color, religion, national origin, disability, or age. In addition, some jurisdictions ban discrimination on other issues, such as sexual orientation.

Non-Compete Agreements

Some employers may require new employees to enter into covenants not to compete before beginning work. Employers may do this for a variety of reasons, including protection of trade secrets or goodwill. However, courts generally disapprove of covenants not to compete as restraints on trade that limits an employee's right to earn a living. Such restraints are scrutinized by the courts.

Unemployment Insurance

An employer must pay unemployment insurance on each employee in its organization. These funds are placed into a state unemployment compensation fund. When workers become unemployed, they can apply to receive benefits from the fund until they find other work. Former employees can receive unemployment compensation only if they are out of work through no fault of their own. Voluntary separation or termination for misconduct may make it difficult for the worker to make a claim for benefits, and employers are entitled to challenge claims for unemployment they believe to be invalid. If you have questions or concerns about unemployment insurance, contact an experienced employment lawyer for advice.

Severance Pay and Benefits

A severance agreement is a contract entered into between a departing employee and the employer. In such an agreement, the employee agrees not to sue the employer for wrongful termination or other employment issues, and the employer agrees to give the employee additional compensation, often called a "severance package." In order for the release of liability to be valid, the employee must receive compensation in exchange for the promise. If there is no consideration, the release of rights will not be valid and the employee will retain the right to sue the employer for any employment law claims. If you are concerned about the validity of a severance agreement, contact an experienced attorney to discuss your concerns.

Wrongful Termination Claims

If you have been wrongfully terminated, you have some specific rights. If you have been fired, you may be able to recover damages or, if you haven't been released yet, negotiate for the receipt of a severance package. If you are facing wrongful termination, an attorney can make the most sense of your situation and give you the best chance of making the most of your situation.

Wrongful Termination Resource Links

United States Department of Labor
Website for the United States Department of Labor

Office of Disability Employment Policy (ODEP)
Official site for the Office of Disability Employment Policy

Federal Disability Information
Directory of government Web pages relevant to people with disabilities, their families, service providers, employers, and other community members.