What Is Considered Wrongful Termination?

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Legal Content Writer

Natalie
Natalie graduated from Bowdoin College with dual degrees in Government & Legal Studies and Sociology. She has spent half a decade working as a paralegal for civil rights law firms in California where she gained knowledge and insight into the state’s workers’ rights laws surrounding discrimination, harassment, retaliation, as well as wage and hour. She continues her passion for workers’ rights in her role as a legal content writer.

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California Civil Rights attorney

Navruz Avloni
Navruz Avloni is a Trial Attorney & Social Justice Advocate. She holds a Juris Doctor degree from the University of California, Davis School of Law and has been practicing Employment & Labor and Civil Rights law for over 15 years. Attorney Navruz has been featured in The Guardian, the San Francisco Chronicle, Yahoo! Finance, Business Insider, TechCrunch, The Mercury News, and more.

There are many reasons that a termination may be unfair or unjust; a termination may also be illegal and considered to be “wrongful termination.”

In California, employment is considered to be ‘at-will,’ meaning that your employer may fire you at any time without cause. Despite the state’s at-will employment policy, there are numerous ways that a termination could violate federal and state employment laws and thus be considered a wrongful termination.

Discrimination: Employment law makes termination for discriminatory reasons illegal. If your employer has terminated you because of your membership in a protected class, you have been wrongfully terminated. It is considered to be a wrongful termination if your membership in a protected class played a role in your termination, even if it was not the sole factor. Protected classes in California include (but are not limited to):

Race, color, religion, sex/gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, medical condition, request for family care leave, request for leave for employee’s own serious health condition, request for pregnancy disability leave, and age (over 40)

Retaliation: State and federal law prohibits your employer from terminating you as a form of retaliation. The law protects employees who report unlawful practices at work, including discrimination, harassment, wage practices, and more. If you make a complaint of discrimination, harassment, or other illegal conduct to your employer, resist discrimination, harassment, or other illegal conduct in the workplace, or participate as a witness in a complaint made by a co-worker, your employer may not fire you as a result. If your employer has fired you because you reported or resisted any form of unlawful activity at work, your employer has retaliated against you and committed wrongful termination.

Protected Absences: The law entitles employees to take job-protected leave for numerous reasons, including but not limited to disability or medical leave. If your employer fires you for taking leave, or if your employer fails to provide job protection while you are on job-protected leave, your employer may have wrongfully terminated you.

Constructive Discharge: Constructive discharge occurs when an employee leaves their job because their employer has made it impossible for them to perform their work duties, and they have no option left but to quit. Constructive discharge may occur if, for example, you use a wheelchair and you cannot reach your workplace in your wheelchair. Constructive discharge may occur if harassment has created a hostile environment so that an employee can no longer perform their job duties.

If you believe you have a wrongful termination claim against a former employer or are afraid that you may be facing wrongful termination, you may be able to bring a wrongful termination lawsuit and may be entitled to damages in the form of back pay, emotional distress damages, punitive damages, and attorney’s fees. Take the following steps to support your case:

Save Evidence: Record all relevant events or interactions in writing. Save related notes, performance reviews, documents, and the employee handbook. You may request your personnel file to review any documents you have signed and to ensure that your file is complete.

Find an Attorney: Reach out to an employment lawyer. Avloni Law is a law firm dedicated to fighting against wrongful termination. If you have experienced wrongful termination or are looking for a wrongful termination lawyer, reach out to Avloni Law for a consultation. We represent clients across California, with offices in Los AngelesSan Jose, and San Francisco.

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Lael Abaya

Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

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My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

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Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

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Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

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I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

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I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

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Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.

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