Because of the amount of time we spend at work, no workplace conflict is small. Conflicts with your boss or coworkers can damage your self esteem and your health. When you are fired from your job after being in a toxic situation, and you believe that it was not due to performance, it is easy to think that your firing was unlawful. However, the hard truth is that your firing can be completely unfair... and still be legal.
How can that be? The reason is because California, like most states, has "at will" employment. That means an employee can be fired at any time for any reason, barring specific exceptions. It does not matter whether you are in a probationary period or are a full-time employee: you can still get fired because you have a personality conflict with your boss.
The purpose of "at will" employment is to maintain a flexible work environment. At will is a two-way street: employers aren't burdened with unskilled or unmotivated workers, but employees can also quit with little to no notice, usually without repercussions.
Still, most employees want to keep their jobs. If the default is that you can be fired at any time, for any reason, then when is it unlawful?
1. When you have been discriminated against on the basis of your race, gender, national origin, age, religion, disability, and (under California law) sexual orientation.
This discrimination is not always easy to prove. Fitting a certain gender or racial profile when you are fired is not enough -- the behavior itself must show intent to discriminate. An employee who believes he or she was fired due to discrimination must first make a "prima facie" case: (1) the employee was a member of a protected group; (2) the employee was qualified for the position and performed its requirements satisfactorily; (3) the employee was terminated; and (4) after termination, the employer hired another person with similar qualifications. The defendant then has the chance to rebut the case by providing evidence of a nondiscriminatory motive. The plaintiff then has the opportunity to prove that the defendant's claimed motive is just pretext, covering the real discriminatory reason for the discrimination. As the one filing the lawsuit, the plaintiff carries the heaviest burden of proof.
2. When you have been terminated due to sexual harassment.
As with discrimination, retaliation related to sexual harassment can be difficult to prove. The employee must make a prima facie case that: (1) he or she was a member of a protected class; (2) he or she received sexual advances or requests for sexual favors from the supervisor; (3) his or her refusal to give in to these advances or requests affected his or her employment status; and (4) the supervisor used his or her authority to create adverse job consequences for the employee. Again, the employer has the opportunity for a rebuttal, and the employee must provide evidence that it is pretext.
3. When your termination violates public policy.
An employer violates public policy when an employee is fired for refusing to participate in an illegal activity, or for participating in a legal activity like voting or other political activity.
4. When you are terminated for being a whistleblower.
5. When you are terminated for filing a Workers Compensation claim.
Whether you fit one of the above scenarios may also depend upon the type of workplace: the number of employees, the nature of the work, or other factors.
So if you believe that your boss's behavior toward you is illegal, what should you do next? And if you don't think that it's illegal, but still find it toxic and harmful, what should you do then? Some suggestions will be provided in Part Two.
If you need a Contra Costa bankruptcy attorney or a Bay Area employment law attorney, contact the Wild Law Office today.
The above should not be construed as legal advice.
