The general rule in California is that employees are "at will," which means that either the employee or employer can terminate the employment relationship at any time for any reason. There are, however, several important exceptions to the "at will" rule. California law also provides that employees are entitled to a workplace free from harassment under certain protected circumstances.
The information set forth below is a general summary of the law applicable to the most common circumstances we see in our practice. This is not a substitute for legal advice. It is advisable to talk with an attorney about your individual situation to determine if you are protected under the law and the statutes of limitations or deadlines that apply to your claims.

Discrimination: Under California law, it is unlawful for an employer to discriminate against an employee on the basis of certain protected class categories, such as age, race, national origin, gender, pregnancy, disability, religion, sexual orientation, marital status or medical condition (cancer). Employers are prohibited from using the fact that an employee is a member of one of these protected classes in making any kind of employment decision, including termination.

Harassment: It is also unlawful for an employer to harass an employee on the basis of an employee’s race, national origin, gender, pregnancy, disability, religion, sexual orientation, marital status or medical condition. Generally, more than one isolated comment or incident is required to establish a harassment claim. It is important to document all incidents of harassment as they occur in order to establish a recurring pattern of behavior.

Sexual Harassment: Sexual harassment is also illegal under state and federal law. There are two types of sexual harassment, “quid pro quo” and “hostile work environment.” Quid pro quo harassment arises where acquiescence to sexual advances is made a condition of continued employment, such as where a supervisor requests sexual favors in exchange for advancement in the workplace. Hostile work environment harassment occurs where the workplace is permeated with unwanted sexual behavior or conduct, such that it alters the conditions of the working environment. Comments, leering, inappropriate touching and other lewd behavior can provide the basis for a hostile working environment claim. Because the law requires that the harassment be “severe and pervasive” – generally more than one isolated incident is required in order to establish a sexual harassment claim. However, this depends on the nature of the conduct. It is advisable to document all incidents of sexual harassment as they occur in order to establish a recurring pattern of behavior.

Whistleblowing: It is unlawful for an employer to terminate an employee in retaliation for the employee’s complaints of activity by the employer that could be harmful to employees or to the general public. The Sarbanes-Oxley Act of 2002 protects employees who protest when an employer provides inaccurate information to investors regarding stock valuation.

Retaliation for engaging in protected activity: It is unlawful for an employer to terminate an employee because that employee has either brought a complaint or participated in another employee’s complaint of unlawful harassment or discrimination. Similarly, an employee may not be terminated in retaliation for participating in a claim brought against the employer under the Labor Code for wage and hour violations or other damages.

Leave Violations: The California Family Rights Act and it’s federal counterpart, the Family Medical Leave Act provide that an employee may take up to twelve weeks of unpaid leave necessitated by his or her own serious illness, the birth or adoption of a child, or the serious illness of an immediate family member. This protected leave is available when an employee has worked for the employer for at least one year (calculated either by days or an hourly equivalent) and where the employer has at least fifty employees within a fifty mile radius of the employee’s worksite. It is unlawful for an employer to terminate an employee in violation of these statutes, or in retaliation for taking a protected leave.

Breach of Contract: If there is a contract for employment, the employer is bound by the terms of the agreement. If the contract specifies a term of employment, the at-will presumption does not apply.

These are only a few of the situations where an employee may require representation. If you have questions or would like to schedule a free consultation with one of our attorneys, please contact us.