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 the involuntary termination of an employee in violation of the law or an employment contract. For example, federal and some state laws enumerate specific characteristics against which employers must not discriminate. Employment contracts often spell out reasons that an employee may and may not be fired. If you believe that your employer terminated you in violation of the law or a contract, speak with an experienced employment law attorney for advice.
Protected Categories
Under federal law, employers must not discriminate against employees based on certain characteristics. It is illegal to make employment decisions based on:
- Race
- Color
- Religion
- National origin
- Gender
- Disability
- Age
In addition, some states ban discrimination based on characteristics such as sexual orientation and familial status.
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Wrongful Termination Claims
If you have been wrongfully terminated, you have rights. You may be able to recover monetary damages against your former employer or, if you have not been released yet, negotiate a favorable severance package. If you are facing wrongful termination, an employment law attorney can help you make sense of the situation.
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Unemployment Insurance
Employers pay unemployment insurance payroll taxes for each employee. If an employee becomes unemployed through no fault of his or her own, the employee is usually eligible for unemployment compensation. The employee must apply for these benefits through a state agency. Sometimes the process is straightforward; other times it is more complex because the employee was fired or voluntarily gave up the job or because the employer has challenged the claim. If you have concerns about unemployment insurance, discuss the matter with an experienced employment law attorney.
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Severance Pay and Benefits
A severance agreement is a contract between a departing employee and an employer. The severance payment is a reward for service and part of an exchange of duties between the employee and employer. In the agreement, the employee typically agrees not to sue the employer for wrongful termination or any other employment issue. Because the employee must receive something valuable in return for the release of liability to be valid, the employer agrees to pay the employee additional compensation. This is often called the severance package. Contact an employment law attorney if you have questions about severance agreements.
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Non-Compete Agreements
Some employers ask their employees to sign non-compete agreements. Non-compete agreements may prohibit employees from working in certain geographical regions or sectors of an industry once they have left the company. Employers do this for a variety of reasons, including protecting their trade secrets and customer goodwill. Courts do not always uphold non-compete agreements, however. Limits on the right to earn a living are closely scrutinized. For answers to your questions about non-compete agreements, contact an employment law attorney.
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