Oakland Accident Attorneys - Bay Area Accident Law Attorneys Based in Oakland

	wrongful termination California is an "at-will" employment state, which means that, unless they agree otherwise, either the employer or employee can terminate the employment relationship without cause. This means your employer can terminate you for a good reason, an irrational reason or no reason at all. There are few exceptions to "at will" employment. For example, you are not "at will" if you were hired because of a union contract or you have an employment contract for a specific time period. Circumstances of unfair termination It also is important to know that not every "unfair" termination constitutes wrongful termination. If, for example, you are terminated because you have a personality conflict with your boss unrelated to your race, gender or other protected characteristic, your termination likely will not run afoul of the law. Your employer cannot, however, terminate you for an illegal reason. When is it wrongful termination? A termination will be found to be "wrongful" if you are terminated for a reason that violates public policy. Under California law, public policy is generally expressed through constitutional or statutory law. Thus, a termination that violates a principle that can be found in that state’s laws or constitution is necessary to support a claim of wrongful termination. For example, a termination that violates the state’s anti-discrimination laws will be considered wrongful, as would a termination for failing to engage in illegal activity or for filing a workers’ compensation claim. When does an employer have good cause terminate you? Occasionally, your relationship with your employer will change through verbal assurances, historical practices or changes to the employee handbook. Based on these changes, the employer may need to have "good cause" prior to letting you go. To meet the "good cause" standard, an employer has to have fair and honest reasons related to business needs or goals. Generally, in those situations where a termination is for misconduct and the "good cause" standard applies, the employer must have conducted an adequate investigation that includes notice to the employee of the misconduct and a chance for the employee to respond. Individual circumstances and good record keeping Wrongful termination and other claims must be evaluated based on the individual facts of the particular situation. It is always good practice for employees to keep copies of important documents related to your employment, such as employment agreements, disciplinary records, performance evaluations, employee handbooks and correspondence with their employer. Contact us Whether a particular termination will be considered wrongful must be determined from the particular circumstances. If you believe that you have been terminated for an unlawful reason, please call us at 510-835-8870 or click here to complete our contact form. The employment law practice group of Boxer & Gerson has litigated and resolved numerous wrongful termination claims on behalf of employees and would be happy to consider your case.