What are the different types of wrongful termination?

In California, there are several types of wrongful termination that an employee may face. The most common are when the employer has violated an employee’s rights under state or federal law, has fired an employee in retaliation for engaging in a legally protected activity, or when an employer has fired an employee for an illegal reason. The most common type of wrongful termination is “discrimination.” This occurs when an employer discriminates against an employee for any of the categories protected by state and federal law, such as race, color, religion, national origin, sex, age, disability, and certain other protected bases. Another type of wrongful termination is “retaliation.” This occurs when an employer terminates an employee in response to the employee’s engagement in a legally protected activity such as reporting harassment or discrimination. The third type is “breach of contract.” This type occurs when an employer breaches an employment agreement or violates the terms of an employment contract. This includes breach of implied terms such as good faith and fair dealing. Finally, an employer may terminate an employee for an illegal reason. This includes terminating on the basis of an employee’s pension or other benefits, union membership, jury service, whistleblowing, or exercising rights under the Family and Medical Leave Act. If an employee believes they have been wrongfully terminated, they should first contact their employer to try to resolve the issue. If that does not work, they may consider consulting with a California labor attorney.

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