California law has clearly outlined the reasons for which termination of an individual’s employment is lawful and unlawful. People often lose their jobs by being fired at any time or for various reasons, however, if they feel their firing was unlawful, employees have the power to sue.

What are some unlawful reasons for firing an employee?

1. Discrimination.
All employees have a right to employment regardless of their identity. Thus, if one is fired for any reason such as gender, sex, race, religion, or age, their termination can be considered unlawful. In addition, medical issues such as pregnancy or disability are not justifiable reasons to fire an employee, as they too are considered forms of discrimination.

2. Refusing to take a lie detector test.
If one refuses to take a lie detector test then they should not be fired. This is because each employee has a right to accept or deny the test whether guilty or not. If fired for refusing to take the test, then one can sue the employer.

3.  Violation of public policy.
An employer cannot fire an employee for ethically or morally wrong claims. For example, one cannot and should not be fired for refusing to commit illegal acts like lying to auditors or making false insurance claims.

4.  Retaliation.
Employees should also not be fired for complaining about wages or exercising their legal right such as voting or wanting to take some time off on leave. If an employee wishes to retaliate or go on strike due to a change in their rights, they may not be fired for doing so.

As an employer, should I contact a lawyer?

Employers are advised to consult a lawyer in order to draw up a contract that highlights the process of termination within their workplace. By doing so, the employer may inform their employees of both lawful and unlawful reasons for which they may be fired, so no employee is uninformed.

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