San Francisco Wrongful Termination Lawyers

Wrongful termination happens when an employment relationship is ended by an employer in violation of the employee’s legal rights.⁠ In San Francisco, wrongful termination claims can arise when an employer violates a state or federal statute,⁠ general principles of public policy, the worker’s employment contract, or some other aspect of the law.

Types of Wrongful Termination in San Francisco

• Age
• Race, Color, Ancestry or Nation of Origin
• Disability or Medical Condition
• Marital or Family Status
• Gender Identity or Expression
• Sexual Orientation
• Religion or Religious Expression

San Francisco Wrongful Termination Retaliation

California law makes it illegal to fire an employee for engaging in certain legally protected activities, including:

• Making complaints about discrimination or harassment
• Taking a medically necessary leave
• Serving jury duty
• Serving in the military
• Taking time off to vote
• Seeking to form a union
• Participating in workplace investigations

San Francisco Retaliatory Punishment

Termination isn’t the only negative job action employees may experience due to their participation in a legally protected activity. Retaliation can take a number of more-subtle forms, including:

• Demotion
• Disciplinary actions
• Salary reduction
• Job or shift reassignment

Termination That Violates Contractual Terms in San Francisco

Legally-binding employment contracts can often supersede the “at-will” employment relationship. Your termination may be in wrongful breach of contract if your employer has failed to meet its contracted promises of job security, including:

• Written or verbal agreements that stipulate you can only be fired for good cause
• A guarantee of continuous employment for a certain duration of time
• A contractual obligation to be provided with notice in advance of a termination
• Situations where an employer’s established performance management protocol was not properly followed prior to termination.

San Francisco Constructive Discharge & Dismissal

San Francisco’s constructive discharge laws recognize situations where an employee resigns due to intolerable working conditions that a reasonable person would feel compelled to leave, essentially making it a forced resignation. This is treated similarly to wrongful termination.

Dismissal laws, on the other hand, protect employees from being fired without a valid reason, especially in cases where an employment contract or law specifies grounds for termination, aiming to prevent unjust firings and protect workers’ rights.

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San Francisco Quiet Firing

San Francisco does not have specific laws labeled as “quiet firing” laws. Quiet firing refers to a practice where employers create or allow a work environment that is intentionally unwelcoming or difficult for an employee, hoping the employee will choose to resign.

However, aspects of this practice could intersect with existing employment laws regarding constructive discharge, workplace harassment, and discrimination. San Francisco’s labor laws strongly protect employees from unfair treatment, harassment, and discrimination in the workplace, which could cover situations akin to quiet firing if they create a hostile work environment or amount to constructive discharge.

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San Francisco Unfair Dismissal

San Francisco’s unfair dismissal laws are designed to protect employees from being terminated for unlawful reasons. The state operates under an “at-will” employment principle, meaning either the employer or employee can terminate employment at any time for any reason, as long as it’s not illegal.

However, exceptions exist where dismissals are considered unfair, such as terminations based on discrimination (e.g., race, gender, age), retaliation (e.g., for whistleblowing or exercising labor rights), violation of public policy (e.g., firing an employee for refusing to commit an illegal act), or breach of an employment contract. These protections aim to ensure that employees are not unjustly fired and have recourse through legal channels if they believe their dismissal was wrongful.

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San Francisco Wrongful Termination Due to Breach of Contract

San Francisco’s wrongful termination by breach of contract laws protect employees who are dismissed in violation of the terms outlined in their employment contract. If an employee has a written, oral, or implied contract that provides specific job security or outlines conditions under which termination is permissible, and the employer terminates the employment outside those conditions, it may constitute wrongful termination.

This can include firing an employee without following the contractually required notice period or reason for termination. In such cases, the employee may be entitled to compensation for lost wages, benefits, and sometimes punitive damages, depending on the breach’s nature and impact.

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San Francisco Wrongful Termination Due to Discrimination

San Francisco’s wrongful termination by discrimination laws prohibit employers from firing employees based on protected characteristics such as race, gender, age, religion, disability, sexual orientation, marital status, pregnancy, or medical conditions, among others. These laws ensure that all employees are treated fairly and are not dismissed for reasons that are unrelated to their job performance or the business needs of the employer.

If an employee is terminated for any of these discriminatory reasons, they may have the right to file a claim against the employer for wrongful termination, seeking remedies that can include reinstatement, compensation for lost wages and benefits, emotional distress damages, and sometimes punitive damages.

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San Francisco Wrongful Termination Due to Retaliation

San Francisco’s wrongful termination due to retaliation laws safeguard employees from being fired as a form of punishment for engaging in legally protected activities. This includes reporting illegal activities or violations (whistleblowing), filing a complaint about workplace safety, harassment, discrimination, taking family or medical leave, or exercising any other rights protected under state or federal law.

If an employer terminates, demotes, or takes other adverse employment actions against an employee in retaliation for these protected activities, the employee may have grounds to file a wrongful termination claim. Remedies for such a claim can include job reinstatement, back pay, damages for emotional distress, and sometimes punitive damages.

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