Employees may not be terminated because they exercised a right granted to them by a state or federal statute or certain administrative regulations. Many activities are protected, employees must not be terminated for participating in such activities, including but not limited to: jury duty, political activity, refusal to authorize disclosure of medical information, voluntary participation in alcohol or drug rehabilitation programs, having wages garnished, refusing to patronize employer and time off for domestic violence.
UNION EMPLOYEES
If you are covered by a union contract, in most cases you will have some protection from being without good cause. If you are terminated, and you believe there is not sufficient cause for your discharge, you can request your union to file a “grievance” on your behalf against the employer. In deciding whether to file your grievance or to take your case to arbitration, your union is obligated to represent you fairly. However, as long as your union takes reasonable steps to investigate your case, it may legally decide not to file your grievance or go to arbitration if it believes that your case does not have enough merit. If you are covered by a union contract, you cannot take your case to court if it requires only an interpretation of your contract. Wrongful termination cases that can be taken directly to court because they do not involve your contract include most violations of public policy or law, such as discrimination on the basis of race, sex or disability.
WRONGFUL TERMINATION IN CALIFORNIA
There is no individual law in California covering wrongful termination. Instead there are a variety of state and federal statutes, as well as state and federal court decisions, that provide some protections (sometimes very limited) to at-will employees, and allow them to pursue “wrongful termination” cases under certain circumstances. Wrongful termination generally means an unfair employment discharge. However, not every unfair employment discharge constitutes wrongful termination. If you think you have been wrongfully terminated from a job in Sacramento or another area of Northern California, contact an experienced wrongful termination attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation today.
