We Fight For You ~ So You Don't Have To®!
FIRED - FAQ:
CAN YOUR EMPLOYER FIRE YOU? HAVE YOU BEEN FIRED AND WANT TO KNOW IF YOUR EMPLOYER COULD HAVE FIRED YOU ILLEGALLY?
Review these reasons you cannot be fired to see if they apply to your case.
1. Your employer can’t fire you because you complained about unsafe or unhealthy working conditions. [See Labor Code §6310 et seq.]
2. Your employer can’t fire you because you complained about illegal workplace activity. [See Labor Code §1102.5.]
3. Your employer can’t fire you because you missed work as a result of jury duty, or to be a witness in a legal proceeding. [See Labor Code §230.]
4. Your employer can’t fire you for refusing to take a polygraph test. [See Labor Code §432.2.]
5. An employer can’t fire you because you complained about not receiving overtime pay. Moreover, an employer can’t fire you to avoid paying you a commission. [See Gould v. Maryland Sound Industries (1995) 31 Cal.4th 1137.]
6. Your employer can’t fire you for engaging in lawful political activities. [See Labor Code §1101 and 1102.]
7. Your employer can’t fire you because you discussed your earnings or salary with other employees. [See Labor Code §232.]
8. Your employer can’t fire you for disclosing negative information about the employer’s working conditions. [See Labor Code §232.]
9. Your employer can’t fire you for joining a union. [See Labor Code §923.]
10. Your employer can’t terminate you for engaging in lawful, off-duty activities. [See Labor Code §96(k).]
11. Your employer generally cannot terminate an employee because that employee is disabled. [See Government Code §12940(a).]
12. Your employer can’t fire you because of your race or national origin. [See Government Code §12940(a).]
13. Your employer can’t fire you because of your gender or sexual orientation. [See Government Code §12940(a).]
14. Your employer can’t fire you because of your age (must be over 40 to qualify for protection). [See Government Code §12940(a).]
15. Your employer can’t fire you because you complained about workplace sexual harassment. This is true even if you are not the individual who was harassed. [See Government Code §12940(h).]
16. Your employer can’t fire you because you complained about workplace discrimination. [See Government Code §12940(h).]
17. Your employer can’t fire you because you refused to engage in illegal conduct. [See Labor Code §1102.5.]
18. Your employer can’t fire you because you testified against the company in connection with a claim before the Labor Board or the Department of Fair Employment and Housing. [See Government Code §12940(h).]
19. Your employer can’t fire you because you exercised your right to care for a family member suffering from a serious health condition. [See Government Code §12945.]
20. Your employer can’t fire you to avoid providing pregnancy leave. [See Government Code §12945.]
21. Your employer can’t fire you because you made a claim for a workplace injury. [See Labor Code §132(a).]
DISCLAIMER
The information contained herein is intended to provide accurate, general information regarding legal rights relating to employment in California. However, because laws and legal procedures are subject to frequent change and to different interpretations, AIKINS LAW FIRM cannot and does not guarantee the accuracy of the information on this website. Always consult your own private legal counsel or e-mail us at: ALF@lentonaikins.com for legal assistance.
