Fuller Jenkins attorneys are experienced in handling employment issues related to wrongful termination.  In California, most employment relationships are “at will.” At will employment means that he employer and / or the employee may terminate the employment relationship for any reason, with or without cause. The exception, as stated above, is when there is some unlawful motivation or retaliatory reason for the termination.

If there is an employment contract that has a specified term (number of years, etc) or certain conditions that are to be met, and that contract is breached, i.e. it the person is fired before the specified term, or the conditions are not met, this too may give rise to a claim of wrongful termination.

Another form of wrongful termination is called a “constructive wrongful termination.” This is when the employee is not fired but quits because the conditions are so horrible and / or they have been effectively forced out or left no option. The law states that if conditions or treatment are so severe that a reasonable person could not consider continuing to work in the environment any further, then a person may quit and seek damages for their lost wages.

However, case law recognizes that employees can’t merely quit and sue after a simple incident of harassment or because some condition is less than perfect. Employees are expected to use any available reporting mechanism to attempt to resolve their employment issues before quitting. Failure to try and remedy the situation before quitting may prevent an employee from going forward with their lawsuit.

If an employee has complained and/or requested relief, and nothing changes, or it gets worse, an employee may quit and seek compensation for their lost wages. An individual who has suffered unlawful conduct, in California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct. Information on, and forms provided by, the DFEH and its complaint process can be found at http://www.dfeh.ca.gov/complaints/Default.aspx.

In California, an employee terminated for an unlawful reason, may be entitled to recover damages.  Race, sex, national origin, disability, sexual orientation, religion, or some other protected classification will be the basis of the complaint.  The employer may be at risk for penalties, including paying the legal fees incurred by the employee in bringing the claim.  Wrongful termination suits can also lead to wage and hour penalty complaints.  When an employee brings a wrongful termination action, act quickly.  Your company may need to take immediate remedial action.  Fuller Jenkins attorneys are ready to help you start a full defense once you know a claim is coming.