Category Archives: Wrongful Termination

Information about grounds for wrongful termination cases in California

What Is At-Will Employment in California?

What does it mean to be employed “at-will?” At-will employment means that an employer can terminate an employee at any time, without cause or prior notice. Employees, too, are able to terminate employment at any time without cause or notice. Does that mean you can be fired for literally any reason? Not exactly. Under the Labor Code, the cause for termination must be fair and honest, regulated by good faith on the part of the employer. There are several statutory limitations on at-will employment. These include anti-discrimination statutes. For example, employers cannot terminate an employee based on race, religion, color, national origin, ancestry, disability, health, marital status, etc. Under the National Labor Relations Act, employers are also not allowed to interfere with employees in exercising collective bargaining rights. Terminating an employee for exercising these rights is a violation of the law. Whistleblowers are also protected from retaliation and cannot be…
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Spousal Jealousy: Is It Employment Discrimination?

When does spousal jealousy cross the line in the workplace? Can it lead to workplace discrimination? A recent case out of Pennsylvania discusses the issue. In Sztroin v. PennWestIndus Trucks, LLC, a woman filed a lawsuit against a forklift dealership, alleging that she had been fired because the president of the company’s wife did not want him working with any women. The wife was also an employee of the company. The woman who filed the lawsuit said that over the course of her employment, she noticed that the president would treat her differently than male employees. He avoided eye contact, excluded her from meetings and told his vice president to bar her from entering his office or speaking to her directly. She was fired shortly afterward. The president noted that she was an excellent employee, but that his wife did not approve of her presence in the workplace. Is this…
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Can I Return to Work After Quitting If I Change My Mind?

Many situations can arise that would cause a worker to want to temporarily leave their job. They may have become injured, have a new child in the family, or want to leave to care for loved ones. While laws exist protecting worker rights to have leave time for these reasons, workers still may want to leave their jobs entirely for certain periods of time, and then change their minds. Recently, a California woman claimed that she resigned due to a temporary “altered mental state” that was caused by medicine she was taking because of a disability. The court ruled that rescinding a resignation that was willfully completed by an employee is not an illegal adverse employment action. The woman sued for disability discrimination and did not win. What Is an Adverse Employment Action? An adverse employment action occurs when an employer retaliates against a worker attempting, or suspected of attempting…
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