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Getting fired is stressful. Getting fired illegally is actionable. While California is an "at-will" employment state, your employer cannot fire you for a reason that violates the law. If you were terminated due to discrimination, retaliation, or for blowing the whistle on unsafe practices, you may be entitled to significant compensat
Getting fired is stressful. Getting fired illegally is actionable. While California is an "at-will" employment state, your employer cannot fire you for a reason that violates the law. If you were terminated due to discrimination, retaliation, or for blowing the whistle on unsafe practices, you may be entitled to significant compensation. At The Law Offices of Robert Warwick, we take a surgical approach to wrongful termination cases. We don't just look for "unfairness"; we identify the specific statutory violations that turn a firing into a lawsuit.
Many Sacramento employers hide behind the "at-will" rule, claiming they can fire you for any reason. This is false. They cannot fire you for an illegal reason.
Common Grounds for a Wrongful Termination Lawsuit:
1. Discrimination (FEHA Violations) Under the California Fair Employment and Housing Act (Gov. Code § 12940), it is illegal
Many Sacramento employers hide behind the "at-will" rule, claiming they can fire you for any reason. This is false. They cannot fire you for an illegal reason.
Common Grounds for a Wrongful Termination Lawsuit:
1. Discrimination (FEHA Violations) Under the California Fair Employment and Housing Act (Gov. Code § 12940), it is illegal to terminate an employee based on:
• Race, Religious Creed, or National Origin
• Age (40+)
• Disability (Physical or Mental) or Medical Condition
• Gender, Sexual Orientation, or Pregnancy
2. Whistleblower Retaliation (Labor Code § 1102.5) You cannot be fired for reporting a violation of the law to a government agency or a supervisor. If you reported safety violations (OSHA), wage theft, or fraud and were fired shortly after, this is a prime case for retaliation.
3. Retaliation for Protected Activities Your employer cannot punish you for exercising your legal rights, such as:
• Taking FMLA/CFRA medical leave
• Filing a Workers' Compensation claim
• Refusing to perform an illegal act
• Taking time off for Jury Duty (Labor Code § 230)
4. Violation of Public Policy (Tameny Claims) Even without a specific statute, you cannot be fired for refusing to break the law (e.g., refusing to shred documents or lie to an auditor). This is known as a Tameny claim in California courts.
You do not have to be formally fired to have a claim. If your employer made working conditions so intolerable (through harassment, dangerous duties, or humiliation) that a reasonable person would have no choice but to resign, this is called Constructive Discharge. In the eyes of the law, this is treated exactly like a termination.
In a successful wrongful termination suit, we fight to recover:
• Economic Damages:
Past and future lost wages and benefits
• Non-Economic Damages: Compensation for emotional distress, anxiety, and loss of reputation
• Punitive Damages: Additional penalties designed to punish the employer for malicious conduct
• Attorney's Fees: In many FEHA
In a successful wrongful termination suit, we fight to recover:
• Economic Damages:
Past and future lost wages and benefits
• Non-Economic Damages: Compensation for emotional distress, anxiety, and loss of reputation
• Punitive Damages: Additional penalties designed to punish the employer for malicious conduct
• Attorney's Fees: In many FEHA and whistleblower cases, the employer may
be required to pay your legal bills.
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