Many California employers have become entangled in business litigation after terminating a worker’s employment. Some employers mistakenly believe that “at-will” employment means that they can fire an employee at any time for any reason. This is simply not true, and business owners who want to avoid legal problems will seek clarification regarding firing an employee, especially concerning issues that might constitute unlawful termination.
In certain circumstances, it may be unlawful to terminate a particular worker’s employment, even if there is a justifiable reason for doing so. For instance, if a person was hired on the condition that he or she would remain on the payroll for a specific amount of time, the employer must honor the commitment. This type of employment contract means it would be unlawful to fire an employee before the contract expires.
Additional information regarding unlawful termination issues
It is also unlawful to terminate employment simply because a worker raised wage and hour concerns. Firing a person for asking for a raise is a type of retaliation. It is also typically unlawful to terminate a worker’s employment in retaliation of something the worker said or did.
If a worker brings a matter of discrimination or hostile work environment to an employer’s attention, firing the worker for raising the concerns or requesting the employer’s assistance to resolve the issue would likely constitute an act of retaliation and a violation of the Civil Rights Act. If an employer has fired a worker, and the worker is considering filing an unlawful termination lawsuit, it’s in the employer’s best interest to consult with an experienced employment law attorney to prepare for possible litigation.