Wrongful Termination: Contract and Discrimination

Employees are fired for a number of reasons; some of these reasons include failures to perform their duties effectively and or efficiently, while others are fired for criminal activities that they undertake. While there are a number of lawful reasons to fire or terminate employment, it is not uncommon for employers to terminate or fire employees for unlawful reasons. Some unlawful reasons for termination include a violation of the employment contract, discrimination, or retaliation for an employee exercising their legal right. It is in such instances that an employee has a wrongful termination and may file a wrongful termination claim.

In the state of California, the majority of employees work "at-will". This basically means they can be fired at any time, with notice or without it. However, while that is the case, there are a number of illegal reasons to terminate or fire an employee. These illegal reasons are protection provided to employees by the laws in the state of California.

There are a number of illegal reasons for terminating an employee that exist, but for the purpose of this article, only the following will be discussed:

1. Contract claims

2. Discrimination claims

The above illegal grounds for termination allow the employee victims to file a personal injury claim to seek legal recourse and compensation for the wrongful termination.

Contract Claims

At the start of every employment, relationship expectations are laid out in a contract as to what is expected of both parties to the contract. The employee is informed of their hours of work, remuneration, vacation time, etc. while the employer stipulates their expectation of the job that is to be performed by the employee. It must be noted that employment contracts may be written, oral, or implied (e.g., employee handbook). It is common in some contracts to:

· Promise that the employee will have continued employment for a certain period or length of time.

· limit the employer’s ability to terminate the employment relationship, e.g., termination only for a "good cause."

As such, it is expected of the employer to adhere to the stipulations set out in the contract, inasmuch as it is expected that the employee does the same. In the event that the employer violates the terms of the contract and fires you, you may have a valid and strong claim against the employer. Where there is a breach in contract by the employer, the employee can sue for wages, benefits, and anything else they are entitled to.

Discrimination Claims

At no point in the employment process (recruitment, selection, promotion, termination) can an employer make a decision using protected characteristics as their basis. Such protected characteristics in the state of California include:

· race

· color

· national origin

· religion

· gender identity

· sex (including pregnancy)

· age

· disability

· sexual orientation

· genetic information

· marital status

· citizenship status

· medical condition

· political beliefs or activities

· military or veteran status

· AIDS/HIV status

· victim of domestic violence, stalking, or assault status