Wrongful Termination

Employment in California is “at will”—that is, an employee may be fired without reason. However, employees are still granted protections against this general rule. Wrongful termination is a legal term describing a situation in which an individual’s employment contract has been terminated by his or her employer in a circumstance where the termination breaches the terms of the contract or public policy. Here are some scenarios in which a discharge would violate public policy:

  • Refusing to break a law. If your employer tells you to do something which you know is illegal, and you refuse to comply, you cannot be fired for refusing to break the law.
  • Reporting a violation of a law. You cannot be fired if you report illegal activities performed by your employer.
  • Exercising a constitutional right. You cannot be fired for choosing to participate in a legally protected activity, which is your right.
  • Performing a legal duty. You cannot be fired for doing something you are legally required to do.

Under the Fair Employment and Housing Act (FEHA), California protects employees against wrongful termination on the basis of their race, religion, color, nationality, ancestry, disability or medical condition, marital status, gender, sexual orientation, age, and pregnancy / childbirth / related medical conditions. Moreover, an employer must “take all reasonable steps necessary to prevent discrimination from occurring.” Cal Gov Code 12940(k).

If you feel your termination was unjustified or unlawful, please contact the Hekmat Law Group to pursue a claim.

Whistleblowing

At the Hekmat Law Group, we understand the stress and frustration felt by whistleblowers.  You should never have fear of punishment for doing the right thing: fear, frustration, and stress are all common emotions felt by whistleblowers.  Often feeling isolated, these individuals are conflicted between doing the right thing and staying quiet to avoid their employer’s retaliation.  The Hekmat Law Group ensures that you do not have to walk this road alone, and offers trustworthy and honest service to help you accomplish the right thing.

The False Claims Act permits individuals to file a claim against their employers, on behalf of the government, if they believe or know they are participating in fraudulent activity. Any “whistleblower” that pursues a claim asserting fraud or conspiracy for fraud is protected from employer retaliation.  If an employee is discriminated or retaliated against in some way by the employer, the law delivers remedies for the employee and consequences for the employer.

We believe that whistleblowers are courageous people, sacrificing their own comfort to do what is right.  You deserve an attorney who is eager to share this burden, and take some of the stress and uncertainty off of your shoulders.

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