What Can You NOT Be Fired For?

Although the laws and standards vary by state, you have basic rights as an employee and what to do if you have been wrongfully terminated. Even if you are an at-will employee (meaning your company can fire you are any time for almost any reason) labor laws and employment discrimination laws can prevent your employer from firing you for certain malicious reasons. You cannot be fired for the following:

  • Your race, religion, gender or sexual orientation. This falls under protected classes and your employer cannot discriminate against you.
  • Maternity leave/family illness. If you are pregnant or your child, spouse parent is ill, the California Family Rights Act allows for 26 weeks off in a 12 month period, including health benefits.
  • Military leave. Rest assured if you enlist in the military, your job will be waiting for you when you return. If you are in the National Guard, National Militia or any reserve corps, the law allows you to take off up to 17 days a year for your duty.
  • Whistleblower protection. You cannot be fired for refusal to break safety regulations, refusing to put yourself or others in danger or for refusing to break the law. You cannot be retaliated against for reporting these violations either, or reporting forms of harassment or discrimination.

Please visit our website for more information on labor law, and contact our office for a free consultation.

Kesluk, Silverstein & Jacob—Los Angeles wrongful termination attorneys