Practice Areas
Wrongful Termination
Most California employees are employed “at-will” meaning that they can be fired at any time and for any reason with or without cause. Under certain circumstances, however, the termination is considered “wrongful” under California law. Typically, a wrongful termination exists when an employer fires an employee for an unlawful purpose and which violates public policies contained in statutes, regulations or constitutional provisions.
Examples of wrongful termination under California law include:
- Termination on the basis of race, gender, religion, age, national origin, disability, marital status, pregnancy or sexual orientation
- Termination after reporting unsafe working conditions
- Termination after reporting unlawful or illegal activity, such as the employer’s failure to provide meal or rest breaks or failure to pay overtime wages
- Termination for reporting or complaining of sexual harassment and/or discrimination
- Termination for reporting an employer’s illegal conduct, unethical or fraudulent activity to a government agency
- Termination for filing a workers’ compensation claim or for taking medical leave
- Termination for refusing to commit unlawful acts
The laws concerning wrongful termination are very complex. For example, an “independent contractor” may not sue on a claim for wrongful termination because the law requires an employer-employee relationship. Also, some employees who are not technically fired but pushed out of the workplace due to intolerable working conditions (such as sexual harassment) may have a claim for wrongful termination on the theory of constructive discharge.
Our dedicated employment lawyers can help you evaluate your case.
Contact us at (415) 434-3400 or online to discuss how we can help you.
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Cary was very helpful in helping me navigate getting to the next step regarding my new construction. He was interested in learning the details involved and took his time to discuss my concerns. I would highly recommend him!
Julie C.2023-08-16I needed a local lawyer to answer some difficult questions on an employment issue I had while being a long term employee with my employer. His insight was in valuable and provided me with all my options as well as a few optional plans to follow. Thank you very much Cary.
Mark N.2023-08-12Cary is simply one of the best in the business. His knowledge of the law is elite, his ability to connect with clients is a game-changer, and the way he puts them at ease no matter how tense the situation can be is really what makes him stand out. I would recommend Cary to anyone even considering hiring an employment attorney. He really leaves zero stones unturned, and achieved the best possible outcome for me.
Dara R.2023-07-17I found Cary on Yelp. He responded quickly even on a holiday weekend morning. He also set up a face to face meeting right after hearing my case. He gave me professional and useful legal advice on my house selling. Definitely I will hire him again if I have legal advice needs.
Yun L.2023-05-27I am going to sell a property off market , and was informed that I could use a lawyer to do this. I was not knowledgeable about real estate. Cary Kletter was very informative and explained things very well. He is easy to talk to and makes himself available. I am very glad that I reached out to him.
Louise K.2023-05-26Cary responded to my inquiry in a timely manner. The conversation with him is clear and straightforward, he not only talked about the legal basis of my case, but also potential pitfalls. The information is very helpful. We will work together if the case have to be pushed forward.
Faye H.2023-05-26Cary was really helpful in my conversation with him ! He was articulate, to the point and frank about the options regarding my legal matter. He spent time looking through documentation and giving me an informed, thorough response. Loved the experience !Amit E.2023-04-05I recently consulted with Cary Kletter regarding a possible wrongful termination case. From the very beginning, Cary responded quickly to my inquiry, which set the tone for our entire interaction. Although I cannot disclose the specifics of my case, I can say that Cary was extremely thorough in explaining the legal process and concepts to someone like myself, who had no prior knowledge of these matters. Cary's professionalism, knowledge, and expertise led to a positive outcome in my case, which exceeded my expectations. Working with him was truly a 10/10 experience. I wholeheartedly recommend Cary Kletter to anyone in need of an employment attorney. You won't be disappointed!
Soumya C.2023-04-03I needed help with landlord-tenant law questions. I called Mr. Lee's office. Mr. Lee returned my call and answered all my questions the same day that I called him. I called him 2 other times and he always responded in a timely fashion. I appreciate that Paul was always there when I needed help.
Rose W.2023-03-23
