Wrongful termination happens when an employment relationship is ended by an employer in violation of the employee’s legal rights. In San Francisco, wrongful termination claims can arise when an employer violates a state or federal statute, general principles of public policy, the worker’s employment contract, or some other aspect of the law.
Types of Wrongful Termination in San Francisco
- Age
- Race, Color, Ancestry or Nation of Origin
- Disability or Medical Condition
- Marital or Family Status
- Gender Identity or Expression
- Sexual Orientation
- Religion or Religious Expression
San Francisco Wrongful Termination Retaliation
California law makes it illegal to fire an employee for engaging in certain legally protected activities, including:
- Making complaints about discrimination or harassment
- Taking a medically necessary leave
- Serving jury duty
- Serving in the military
- Taking time off to vote
- Seeking to form a union
- Participating in workplace investigations
San Francisco Retaliatory Punishment
Termination isn’t the only negative job action employees may experience due to their participation in a legally protected activity. Retaliation can take a number of more-subtle forms, including:
- Demotion
- Disciplinary actions
- Salary reduction
- Job or shift reassignment
Termination That Violates Contractual Terms in San Francisco
Legally-binding employment contracts can often supersede the “at-will” employment relationship. Your termination may be in wrongful breach of contract if your employer has failed to meet its contracted promises of job security, including:
- Written or verbal agreements that stipulate you can only be fired for good cause
- A guarantee of continuous employment for a certain duration of time
- A contractual obligation to be provided with notice in advance of a termination
- Situations where an employer’s established performance management protocol was not properly followed prior to termination.
