EMPLOYMENT LAW ATTORNEYS
Our attorneys at Fry Law Corporation are dedicated to obtaining justice on behalf of employees. Our attorneys are extremely knowledgeable and well-versed in all aspects of employment litigation.
Fry Law Corporation has been a successful advocate on behalf of numerous employees who have brought claims for sexual harassment, discrimination (including disability, race and gender), retaliation (including whistleblower, workers’ compensation, workplace safety such as CAL-Osha violations), wage and hour violations (including denial of proper compensation and employment benefits), and wrongful termination.
Under California Labor code section 2922, an employer may terminate an employee for any reason. This is because California is an “at-will” state. However, this does law does not permit employers to terminate their employees for a reason that violates the law or public policy. Violations of such public policy includes firing an employee for refusing to violate the law, for opposing unlawful discrimination or harassment in the workplace, for reporting the employer’s violation of a state or federal regulation to an agency, or for taking a protected family or medical leave.
In California, the state’s Fair Employment and Housing Act (FEHA), provides a list for protected classes, meaning it is unlawful for an employer to terminate or discriminate against an employee, based on their membership in that protected class.
The FEHA protects individuals from discrimination by employers based on their race, color, national origin, religion, creed, age (over 40), mental and/or physical disability, sex, gender (including pregnancy, childbirth, breastfeeding or other related medical conditions), sexual orientation, gender identity, medical condition, genetic condition, marital status and military and veteran status.
Under the FEHA, an employer is prohibited from harassing an employee based on their protected status, and can range from minor offensive behavior, such as workplace jokes, to serious offensive behavior that rises to the level of intimidation or unwanted contact.
Sexual harassment can be in the form of a hostile work environment or quid pro quo. The FEHA does not recognize a distinction between the two, and has been defined by the California Supreme Court as “conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives. Reno v. Baird.
The FEHA applies to both public and private employers, and makes it illegal for an employer to retaliate against an employee for asserting their rights under the law. This area of the law, involves a protected status known as a whistleblower. Whistleblowers draw attention to workplace discrimination, unlawful conduct, and/or violations of workplace safety. It is unlawful for an employer to retaliate against an employee who reports any such conduct.
Under Government Code section 12940(h), it is an unlawful employment practice…for an employer to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this statute or because the person has filed a complaint, testified, or assisted in any proceeding under this statute.
Labor Code section 1102.5(c) prohibits an employer, or any person acting on behalf of the employer, “from retaliating against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.”
Finally, Labor Code 6310(b) provides that “any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer…of unsafe working conditions, or work practices, in his or her employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.”
Don’t wait to File Your Lawsuit
If you feel that you have been the victim of a wrongful termination, it is not advisable that you wait too long to avoid missing statute of limitations. Under the California Code of Civil Procedure section 335.1, wrongful termination claims have a two-year state of limitations, and this clock starts running at the time of the termination. However, many wrongful termination cases involve multiple claims that may have their own statute of limitations, so it is best to seek advice as soon as possible.
Though the facts and circumstances surrounding each case make it nearly impossible to provide a concrete price quote. In most instances, cases are taken on a contingency basis (no fee unless you win).
No matter what, Fry Law Corporation strives to ensure everyone has access to an attorney. As such, we offer very competitive rates and in some instances will price-beat competitors quotes.
Very rarely do clients need to go elsewhere because of the cost.
Call, click or email for a no obligation consultation so we can see what works for you.