Wrongful Termination Attorney in Ventura

Wrongful Termination for Whistleblowing

Whistleblowing happens when a person reports an employer to a government agency or law enforcement for violating one or multiple laws. For example, if an industrial plant violates environmental laws by dumping waste in a local body of water, a concerned employee may report the company to the Environmental Protection Agency.

Once an employer learns that they were reported to the government or law enforcement for violating a law, they may begin searching for the employee that reported them to the authorities. If the employer discovers which employee blew the whistle on the company, they may illegally terminate the employee in retaliation. However, California’s labor laws can protect an employee from a wrongful termination due to whistleblowing.

California labor laws state that an employee cannot be wrongfully terminated from a job for reporting a company’s violation or potential violation of the law to the government or a law enforcement agency. In some cases, an employer may illegally retaliate against an employee for reporting a violation to a supervisor or other staff who are supposed to investigate violations.

There are multiple state and federal laws that protect employees from wrongful termination for whistleblowing. For example, the Sarbanes-Oxley Act of 2002 is a federal law that allows employees to report their employer for securities fraud without fear of retaliation.

Wrongful Termination for Workplace Harassment

California also protects employees from workplace harassment under the Fair Employment and Housing Act. The Fair Employment and Housing Act state that an employer cannot illegally terminate an employee for standing up to harassment or prejudicial behavior in the workplace.

Wrongful termination for workplace harassment can occur under many circumstances. For example, an employee confronts a coworker for using racist or sexist language; an employer may use this as an excuse for illegally terminating the employee for standing up to the coworker. There are other circumstances where a person could be wrongfully terminated for addressing workplace harassment:

• The employee reported the harassment to a supervisor hoping it would be addressed by the employer

• The employee pursued a legal claim against the employer for allowing a culture of harassment to run rampant in the workplace

• The employee reported the employer for discriminatory practices

Wrongful Constructive Termination

Wrongful constructive termination is when an employee must resign from a company because the employer has purposely tried to make work conditions especially unwelcoming for the employee. For example, if an employer has purposely set impossible deadlines for an employee to complete their duties, they may use this as a veil to wrongfully terminate an employee.

Illegally Terminating Employee for Political Activities

The First Amendment of the United States Constitution allows a person to be protected from wrongful termination for political speech and related activities. Note, however, that privately-owned companies are not subject to the First Amendment like state employers. Despite this caveat, California labor laws do not allow a company to limit an employee’s political speech and do not allow wrongful terminations for political speech and other activities like protesting.

If you were terminated for any of the above reasons or another reason, you may have grounds to file a lawsuit against your employer for wrongful termination. Our firm would be pleased to listen to the details of your case to help you determine whether you have a potential claim against your employer for wrongful termination.