To follow up on our previous recent post about the ongoing problem with pregnancy discrimination, a woman who worked for Amazon in one of its California fulfillment centers has sued the company. She alleges pregnancy discrimination and wrongful termination.
As of January 2019, only 28 states had anti-SLAPP laws. The state of California maintains one of those statutes. SLAPP is an acronym that stands for "Strategic Lawsuit Against Public Participation." A SLAPP lawsuit is one in which the chief complaint involves the Defendant exercising his or her rights of free speech. California's anti-SLAPP statute allows a special motion to be filed by a Defendant asking that a Judge strike a complaint. It was first enacted in 1992.
A termination is usually a bad experience for the person being terminated, but not all terminations qualify as wrongful terminations under the law. This is because California follows the employment-at-will rule, a rule that allows employers to terminate employees for any reason not forbidden by law or an employment contract. For example, while employers have broad discretion to fire employees, they may not fire them for a reason prohibited by equal employment opportunity law. These laws prohibit terminating an employee on account of their race, religion, sex, age, sexual orientation, gender identity, veteran status, pregnancy status or other disapproved reason.
Sex discrimination and sexual harassment are both illegal, and both can expose employers and others to legal liability. Furthermore, it is also illegal to retaliate against those reporting sex discrimination or sexual harassment. These legal rules have come to the fore as a former greater Los Angeles-area college dean has filed a wrongful termination lawsuit against her former employer.
Most employees in Los Angeles are what are called at-will employees, meaning that their employers are allowed to terminate them for any reason not expressly prohibited by law. Many employees, however, are employed pursuant to an employment contract that the employer and employee expressly entered into. These express contracts often require that the employee only be discharged if the employer has cause to do so. This blog post will take a closer look at employment contracts and when they may be found to exist
Obtaining and maintaining a job is important for individuals in California and elsewhere. However, when one has an "at will" employment, the reality is that an employer could end one's employment for almost any reason. Nonetheless, if an employer fires an employee for an unlawful reason, this could give rise to a wrongful termination claim.
Wrongful termination happens whenever an employee is discharged for a reason contrary to law. Although in many cases employers have broad discretion to terminate the employment of their employees, there are cases where the termination is wrongful and the employee may be entitled to remedies under the law of California. This blog post will provide a quick summary of the circumstances under which a former employee can bring a case of wrongful termination under California law.