Posted On: February 06, 2008 by David H. Greenberg

FIRED FOR THE WRONG REASONS: THE LAW PROTECTS YOUR RIGHTS

Surprisingly, employers in California are still firing workers for all the wrong reasons. California has enacted the Fair Employment and Housing Act (‘FEHA’) in order to protect workers from being fired for illegal reasons such as harassment, discrimination, medical disabilities and certain employment situations. Under FEHA, reasons why you CANNOT be fired are due to your:
o race
o gender
o age (specifically those over 40)
o religion
o ethnicity or national origin
o disability
o pregnancy
o sexual orientation.
You also cannot be fired for engaging in protected activities such as filing for a workers compensation claim or for ‘whistle blowing’, telling on an employer when they are breaking the law . FEHA and other laws give rights to workers who find themselves the victims of wrongful termination or even discrimination or harassment while still employed. Additionally, FEHA works to protect many aspects of a worker’s life including pregnancy and injury on the job.

While FEHA and other laws protect these circumstances, there are many more which are still legal in California. As California is a ‘Right to Fire’ state, an employer can legally fire any employee for any reason that is not specifically prohibited by law. If your boss is making the workplace an inconvenience for you, or has fired you without cause, you can still be legally fired in California. For example, an employer can fire you even if you are doing a good job or just because they don’t like you. But an employer cannot fire you just because you are a certain religion, gender or due to your sexual orientation. One exception to this rule is when an employee has a contract with their employer. In this case, an employee cannot be fired without just cause. FEHA works to identify areas of discrimination and hostile workplace environments that are legally protected and prevent you from being fired illegally.

This law and others specifically protect only certain categories of discrimination. If you have been fired due to your race, gender, age (specifically those over 40), religion, ethnicity or national origin, disability, pregnancy, or sexual orientation, you should contact a lawyer to determine what your rights are and how you can be compensated for your lost wages, benefits, emotional stress, and more. Contact the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.