The subject of employment law is extremely broad and can only be briefly touched upon here. As to wrongful termination, generally speaking California law follows the “at-will” employment doctrine. Under this doctrine, an employer generally is free to terminate or demote an at-will employee with or without just cause. However, there are numerous exceptions to this doctrine. Some examples include being fired or demoted because of unlawful discrimination, or in retaliation for reporting safety complaints or illegal conduct by the employer. These exceptions permit even an “at-will” employee to bring a legal action against his or her employer for wrongful termination or demotion.

In regards to discrimination, it is not enough that an employer treats two different employees differently for his or her conduct to constitute a civil wrong. Rather, the employer must treat the two employees different because one of them is a member of a suspect classification (i.e., because of race, religion, gender, national origin, sexual orientation or similar classifications). Harassment as well must generally be based on a suspect classification (unless the harassment is severe that it arises to the level of a tort).

Some of the best ways to prevent unlawful or wrongful termination and harassment claims is for a business to have policies in place that prevents such conduct from both occurring in the first place and to provide internal recourse for employees subjected to such conduct. Such policies could include the preparation of employee manuals and sensitivity training courses that instruct both employees and management as to the proper business conduct in the eyes of the law. They may also include an internal grievance procedure set up by the business.

Alan Geraldi is well versed in all aspects of employment law. As the former general counsel to the American division of a major international corporation, he oversaw both defense of such employment claims and the implementation of policies designed to prevent such claims from occurring. If you any questions about any aspect of employment law, contact Alan at (925) 236-0045.