Wrongful Termination

Wrongful Termination

In 1987, we secured the largest jury verdict in San Francisco Superior Court in a single plaintiff wrongful termination case in Carolyn Gardner v. Charles Schwab Company. Since that time, we have resolved numerous wrongful termination cases, in spite of the fact that California is an “at will” employer state.

This means that in California the presumption is that if you hold employment, it is “at will” which means that your employment can be terminated at any time, without notice, and for any reason or no reason at all. The only way you can overcome the presumption of “at will” employment is if you have a written contract or offer letter that states otherwise, or if your termination is otherwise illegal or violates an important public policy. The public policy at issue must be based in a state or federal law or regulation.

Some examples of facts that would allow you to bring a wrongful termination case that involve public policy violations include the following:

  • Being terminated as a result of a complaint about discrimination, unlawful harassment or retaliation;
  • Participating in a discrimination, unlawful harassment or retaliation investigation or administrative complaint process and being terminated as a result of your participation;
  • Requesting or taking a medical or family leave of absence which is protected by federal and state law and being terminated;
  • Requesting a reasonable accommodation based on a recognized physical or mental disability and being terminated;
  • Taking pregnancy leave and being terminated during or after returning to work from leave;
  • Reporting misconduct based on a whistleblower statute and being terminated;
  • Filing a wage claim with the California Labor Commissioner and being terminated;
  • Discussing or complaining about your wages or conditions of employment with other employees and being terminated;
  • Complaining about workplace safety under OSHA or Cal-Osha and being terminated;
  • Advocating appropriate medical care for a patient and being terminated;
  • Taking time off to appear in court as a witness or juror and being terminated;
  • Being terminated for engaging in political activity;