According to the federal Equal Opportunity Employment Commission’s annual report, wrongful termination was again last year the claim most frequently filed by employees against their employer. Terminated employees suing once dismissed has become an almost reflexive action and employers should anticipate a legal challenge to any termination. Therefore, the grounds for termination should be well-documented and reflect the employer’s written policies and standards of conduct. Remember that the presumption of at-will employment in California, which provides that an employer can terminate for any reason or no reason at all, does not give free reign on terminations. Employment decisions can never be based upon a protect status such as age, religion, disability, or race. Nor can termination cannot be based upon an employee’s exercise of certain protected rights such as medical leave.
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Barbara A. Cotter, Partner
As a litigator, Barbara has extensive experience defending wage and hour class action claims and representative claims – including those under the Private Attorneys General Act. She’s known for crafting client-centered defense plans, suiting each client’s budget and priorities. Read More