Most employment relationships are "at-will," meaning that either the employer or the employee may terminate the relationship at any time with or without cause, so long as the termination was not done for illegal purposes. This usually means that employers cannot terminate an employee, even one who is "at-will," if that termination is in violation of federal, state, or local anti-discrimination laws or is fundamentally against public policy.  Most state laws protect employees from being terminated or otherwise penalized with respect to any of the terms and conditions of employment on the bases of race, color, national origin, sex, religion, disability, pregnancy, and age. Federal law is substantially the same in this regard. Where state and federal law conflict, federal law will normally prevail under the legal doctrine of preemption.

Public Policy Violations - What Is Retaliatory Termination?
Wrongful termination cases also apply to situations where the employer has retaliated against an employee for exercising a legal right that is supported by public policy. For example, an employee cannot be terminated because she reported (blew the whistle on) her employer to the government for violating the law. An employer is also prohibited from terminating or punishing an employee for refusing to commit an unlawful act.

Employers Need to Follow Their Employee Handbook
Employers are now urged and in many cases mandated to have employee handbooks. An employee handbook sets forth the legal requirements of both the employee and the employer as they relate to company policy in areas of work safety, minimum wages, working conditions, discrimination and company harassment policies. An employer who has not followed its own disciplinary and termination policies can face a wrongful discharge suit.

Federal EEOC Complaint
Like California, if you are going to be filing a lawsuit you will also need to file an administrative claim with the principle federal employment agency. Under federal law, this is the Equal Employment Opportunity Commission (EEOC) and there are stringent filing and time requirements that you must comply with. Failure to comply can bar you from further legal action against your employer. Furthermore, California, like most states has also enacted anti-discrimination laws, so you must be mindful of state requirements as well. Your best bet is to speak to a qualified California employment attorney as soon as possible.

Types of Legal Damages
The categories of legal damages available to wrongfully terminated employees can include back pay, reinstatement, front pay, compensatory damages, injunctive relief, punitive damages, and even attorneys' fees.

The Family and Medical Leave Act (FMLA) is a federal law that allows "covered employees" to take time away from work to handle family or medical needs.  Most states have provided additional rights beyond the scope of the federal legislation. Employers who violate the FMLA may be liable for damages and face wrongful termination charges.

Not every employer is required to provide its employees with family or medical leave. Federal law requires employers to provide only eligible employees with leave if the employer is either a state, local, or federal governmental agency or a private business engaged in, or affecting, interstate commerce, that employed fifty or more employees in twenty or more weeks in the current or prior calendar year. The "fifty or more employees" standard includes everyone on the employer's payroll, including part-time employees, employees on approved leave, and leased or temporary employees.

Covered Employee Rights
Under the FMLA, employees are eligible for leave if they have worked for the employer for at least twelve months and worked for at least 1,250 hours during the twelve months immediately preceding the need for leave. The employee must also work at a worksite in the United States or a U.S. territory, at which the employer has at least fifty employees within a seventy-five mile radius. Be aware that your state might provide more rights and protections, but under the law of preemption your state may not offer less then what federal legislation provides.

What Leave is Provided?
Most eligible employees are provided with a maximum of twelve weeks of leave. The leave may be unpaid, but it may be combined with accrued paid leave such as vacation or sick leave. An eligible employee may also take leave for the birth or adoption of their child. Moreover, employees may also take leave to care for a spouse or minor or because of the employee's health condition. The condition, however, must qualify as serious.

What qualifies as a serious health condition?
A "serious health condition" is defined as an illness, injury, impairment, or condition that involves hospital care; absence from work, plus continuing treatment; pregnancy; treatment for a chronic condition; permanent long-term supervision; or multiple treatments. You may be required by your employer to provide medical certification of the need for leave. Moreover, an employer who provides employees with health insurance is mandated to maintain coverage for an employee on leave on the same terms as if the employee had continued to work.

Right to Return to Work
Upon returning from leave, the FMLA mandates that an employee is entitled to be restored to his or her former job or to an equivalent job with equivalent pay and benefits. Taking leave may not result in the loss of any benefit to which an employee was entitled before taking leave. However, employees may be denied full reinstatement of their jobs if returning them to their former positions would result in substantial and grievous economic harm to the employer.

Pregnancy Leave
Many states, such as California, require that employers give a women who are expecting a reasonable amount of unpaid temporary leave as long as it does not exceed four months. The employee is usually entitled to use any accrued vacation and the employer must make a reasonable accommodation for the employee’s medical condition including, if reasonable, temporarily transferring the employee to a less strenuous position.

Damages Recoverable for Violation
Many states provide for attorney fees to be awarded to the prevailing party, including expert witness fees and costs for violation of the state’s pregnancy leave laws. You may also be entitled to compensation for pain and suffering as a result of your employer’s unjustified violation of these laws. You may also be entitled to back pay, reimbursement of out-of-pocket expenses, reinstatement of employment, and, if warranted, possibly punitive damages.

Most state laws have defined a host of employer actions and practices that qualify as illegal and discriminatory. Learn about discrimination based on age, gender, disability, religion, race, national origin, and sexual preference. Many states offer employees the right to seek money damages if they can prove their job termination had an unlawful and discriminatory purpose. Discriminatory practices can occur in hiring and firing-discrimination in determining compensation, and job assignment, pay and promotions to name a few. The courts continue to define what qualifies as unlawful discrimination on the job. They include harassment on the basis of race, color, religion, sex, national origin, disability, or age. Further, it is considered unlawful for employers to make any employment decisions based on sex, race, age, religion, or disabilities of any kind or to deny employment opportunities to a person because of his or her association with people of a particular race, religion, national identity or disability.

Discrimination Based on Age
Most employers are prohibited from discriminating against employees who are over the age of forty. Employers must be very careful when hiring a replacement for a terminated employee. Employees may argue that their termination was discriminatory and support their case by showing that their employer replaced them with younger employees. While this is not conclusive proof of age discrimination, most judges will allow such evidence to be admitted at trial.

Discrimination Based on Gender
The federal Equal Pay Act requires any employer that is already subject to the federal wage and hour law to provide equal pay to men and women who perform "equal work," unless the difference in pay is caused by differences in seniority, merit or some other factor that is not based upon sex.

Discrimination Based on Disability
The Americans With Disabilities Act (ADA) prohibits discrimination against the disabled. In order to be protected by the ADA, employees must show that they in fact are disabled, have a history of being disabled, or were being treated by their employer as being disabled prior to the issue surfacing. Upon establishing these facts, employees are not protected only against discrimination—the employer will be required to provide "reasonable accommodation" at the workplace. The law requiring the employer to make reasonable accommodations may mean modified work hours or work duties, unpaid time off, or special devices that will help employees in the performance of job duties.

Discrimination Based on National Origin
The Immigration Reform and Control Act (IRCA) prohibits any employer with more than three employees from discriminating against a U.S. citizen or an "intended citizen" (one who is lawfully applying for citizenship) on the basis of the employee’s national origin. The law was passed in response to Congress enacting tighter standards and more stringent penalties against employers who hire illegal aliens.

Discrimination Based on Religion
The U.S. constitution and many state constitutions provide citizens with certain fundamental social rights. Chief among them is the freedom to practice their religion without governmental interference.

Discrimination Based on Sexual Orientation
Some states, such as California, protect gay and lesbian workers from discrimination in the workplace. This includes being treated differently or being harassed because of sexual orientation. As of 2007, a growing number of states, including California, have enacted law specifically prohibiting sexual orientation discrimination in both public and private jobs.

Any form of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Does the victim have to be a woman?
No. The victim may be either a woman or a man. The victim and the harasser do not even have to be of the opposite sex. In 2007, the EEOC received over 12,000 charges of sexual harassment, and over 15% of those charges were filed by male employees. Furthermore, the harasser can be the victim's manager, supervisor, agent of the employer, a supervisor in another area, a coworker, or a non-employee.

Is witnessing harassment considered a form of harassment?
Yes. The victim does not have to be the person harassed but could be anyone affected by the harassment. Unlawful sexual harassment may occur without the victim suffering monetary injury. The key is that the harasser's conduct must be unwelcome by the victim.

Should I report the harasser to my employer?
Yes. First you should inform the harasser directly that the conduct is unwelcome and must stop. The next step is to contact management and report the incident. The victim should use the employer’s complaint and grievance system and make sure the company’s rules in this regard are followed to the letter. This may become important later—should there be litigation, the defense may try to claim the victim did not provide adequate notice and did not follow company protocol.

Will the government investigate?
Sometimes. But remember, if the victim brings a sexual harassment lawsuit later, she or he must first have reported the incident to the Department of Fair Employment and Housing. When investigating sexual harassment allegations, the agency will look at the circumstances, such as the actual type of the sexual advances and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

What if I am fired for reporting my employer to the authorities?
It is unlawful for a employer to retaliate against employees for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in any investigation, proceeding, or litigation. An employer who retaliates is subject to serious fines, penalties, and substantial damage claims by the victim including punitive damage claims. Punitive damages can run into the millions of dollars for extremely offensive and obnoxious employer conduct.

Sometimes. Mediation can be a great alternative to litigating your claims in court. However, be prepared-some aggressive employment plaintiffs' lawyers prefer to litigate the major allegations first and save mediation for the final settlement discussions. This is because most employers will not pay top dollar on an employment claim until the plaintiff has performed its initial discovery and has survived the employer's legal challenges to the employee's lawsuit. In most states, at the conclusion of discovery, the employer's lawyer will make a final evidentiary motion-often referred to as a motion for summary judgment. This is a way for the employer to eliminate the case (or at least the complainant's major allegations) based strictly on the law and the evidence gathered during the discovery phase of the litigation. The judge will then decide if the case has enough merit to proceed to trial. If the motion is decided in the your favor, the case is considered ripe for settlement and you can expect close to full-value settlement for your case. If the judge rules against you, your case may warrant less-or, in the worst-case scenario, nothing at all-if your case is dismissed outright after the motion is heard and is decided against you. This is why mediation is very popular early in the litigation process -it can eliminate the risk of getting nothing for your claims. The best bet is to speak with an experienced employment lawyer to help you make this important decision. Here are some advantages to the mediation process.

Private Mediation
California and New York have been in the forefront of alternative dispute resolution. Private mediation is one such example. Mediation is an informal process in which a neutral third party, for a fee, assists the opposing parties to reach a voluntary, negotiated settlement of their disputes. The decision to mediate is completely voluntary. It is not binding unless the parties agree to make it binding. Both the employer and employee must agree to engage in the mediation process.

A skilled mediator will allow both sides the opportunity to present their case and will clear up misunderstandings between the parties. The goal is to settle the matter—not crush the opponent. At the conclusion of the process it is hoped that the parties will enter into a binding settlement agreement. Unlike the court system however, a mediator does not resolve the case or impose a ruling on the parties. Instead, the mediator helps the parties facilitate a mutually acceptable resolution. The mediation process is strictly confidential.

Federal mediation under the EEOC
The United States government provides their mediation service for both employees and employers in employment disputes. Once an EEOC claim has been presented, the primary options for the employee are to file a lawsuit, mediate the matter through the EEOC, or mediate the matter through a private mediation services. Most California courts have processes in place to order the parties to participate in private mediation as well. One example is Los Angeles County. Here are some common questions and answers about the federal mediation process courtesy of the EEOC.

Do I need to have my attorney present?
While it is not necessary to have an attorney in order to participate in EEOC's mediation program, either party may choose to do so. The prudent course is to have an experienced lawyer with you to be your legal voice at the mediation. From the employer’s perspective, it is important to make sure that its representative attending the mediation has the financial authority to resolve the dispute. If mediation is unsuccessful, the complaint is investigated like any other charge.

What are the advantages of EEOC mediation?
The EEOC mediation is conducted free of charge. Most private mediators charge by the hour. The process is quite fair and both parties have an equal say on the terms of the mediation. Mediation saves time and money when compared to formal litigation. The mediation is considered strictly confidential, with both sides signing a confidentiality agreement. Information disclosed during mediation is not revealed to anyone, including other EEOC investigative or legal staff.

How well are mediators trained?
Only mediators who are experienced and trained in mediation and employment law are assigned to mediate EEOC charges. The EEOC will sometimes retain private mediators. Either way mediators, by training, are unbiased professionals with no stake in the outcome other than wanting to resolve it.

When will the EEOC mediation take place?
Mediation usually occurs early in the process and prior to an investigation of the employee’s charge. Offering mediation to the parties early on saves time and money, especially if it results in early disposition of the matter. In addition, mediation prior to an investigation prevents the hardening of positions that can occur during a lengthy and heated litigation. The EEOC now makes mediation available even if a finding of discrimination has been issued by the commission.

Is the EEOC mediation process confidential?
The EEOC maintains strict confidentiality in its mediation program. The mediator and the parties must sign agreements that they will keep everything that is revealed during the mediation confidential. The mediation sessions are not tape-recorded or transcribed. Notes taken during the mediation by the mediator are destroyed. Furthermore, in order to ensure confidentiality, the mediation program is insulated from the EEOC's investigative and litigation functions. EEOC mediators only mediate disputes. These mediators are precluded from performing any other functions related to the investigation or litigation of charges.

Who should attend an EEOC mediation?
The employee, also known as the charging party, and a representative of the employer should attend the mediation session. The person representing the employer should be familiar with the facts of the employee’s complaint and have the authority to settle the charge on behalf of the employer. Each party can bring an attorney, but it is not necessary to have an attorney or other representative present in order to participate in the EEOC mediation program. The mediator will decide what role the attorney or representative will play during the mediation. The mediator may ask that attorneys provide advice and counsel but not speak for a party. If a party plans to bring an attorney or other representative to the mediation session, he or she can discuss this with the mediator prior to the mediation session.

How long does the EEOC mediation process take?
Mediation is usually a very efficient process. According to a study conducted by the EEOC, mediations usually last for approximately 3 to 4 hours. However, this may vary depending on the facts of each case. Successful mediations avoid a time-consuming investigation and achieve a prompt resolution of the charge.

Are all employment allegations eligible for an EEOC mediation?
No. The EEOC evaluates each allegation to determine whether it is appropriate for mediation considering such factors as the nature of the case, the relationship of the parties, the size and complexity of the case, and the relief sought by the charging party. Charges that the EEOC has determined to be without merit are not eligible for mediation.

What happens if my charge is not resolved in the EEOC mediation?
If a charge is not resolved during the mediation process, it is returned to an investigative unit and is processed just like any other charge.

Is a mediation resolution legally binding?
Yes. An agreement reached during mediation is enforceable in court just like any other settlement’s written agreement. If either party believes that the other party has failed to comply with a mediated settlement agreement, he or she should contact the ADR Coordinator.

You can learn more about the EEOC mediation process by calling their toll free number: 1-800-669-4000.

Your right to privacy at work is very limited, and the right to privacy has been complicated by the increased use of computers and electronic mail at work. Employers can and do monitor the workplace communications made by employees using company computers-including use of the Internet and company e-mail. However, some activities, such as private conversations and use of employees' secured work areas such as locked desks or lockers, have been afforded privacy protections. Here are some examples.

E-mail and the Internet
If you are using your employer's computer system for e-mail, you should know that your privacy goes mostly unprotected. The use of e-mail at work has been held to be company business over company property. As long as they do it for a business purpose and not to discriminate or violate the law, employers generally have the right to read and monitor employee communication. Employers have the right to check for productivity as well as for possible criminal conduct. Some states, such as California, have allowed e-mail to be submitted into evidence during trial to prove employee misconduct. California employers even have the right to track the Web sites visited by their employees, to block employees from visiting specific Internet sites, or to limit the amount of time an employee may spend on a specific Web site.

Phone calls and messages on voice mail
While employers do have some legal restrictions regarding monitoring and recording phone calls made by employees, California is becoming much more permissive in allowing employers-under the pretense of a legitimate business purpose-to monitor business-related phone conversations and voice mails. California courts have held that employers have a right to monitor employee conduct, productivity and compliance with company rules. That right, however, is not unlimited and is subject to federal law and regulations. Under the Electronic Communications Privacy Act (ECPA), an employer may not monitor an employee's personal phone calls, even those made from telephones on work premises, unless the employee has agreed in advance to being monitored for training purposes.

Employee drug testing
Many states, like California, allow an employer, under certain circumstances, to require an employee to submit to drug testing. The general rule is that an employer may test those workers who by virtue of their job function (such as a nurse or school bus driver) carry an elevated risk of potential danger to themselves or others in the course and scope of their employment. This is especially true where the employee has previously been involved in a work-related accident where drug or alcohol use is suspected. The employer's right to test is not without legal risk to the employer. The employer must have a legitimate purpose to require an employee to submit to testing.

Employee medical examinations
In many states, once an employee has been hired, the employer has the right to request that the employee undergo an employment medical examination. These types of situations are usually limited to the issues surrounding whether an employee is fit for employment duty. In this regard, an examining doctor may conduct a medical exam to determine if the employee is physically fit to perform the job. However, the employer is not entitled to private medical information that has no bearing on the employee's fitness to perform required employment tasks.

No. Under both federal law and now under the laws of many states, an employer does not have to hire or promote the most qualified applicant. But the employer cannot base its decisions on such factors as sex, age race, religion, or any other protected category. This is how the law distinguishes between legal employer conduct and illegal employer conduct.

In most states the answer is no. The employer cannot ask questions about whether you are married or planning to be married or whether you have children. The employer is also prohibited from asking questions concerning your sexual orientation, whether you are planning to have children or whether you are planning to get married.
In most cases, however, the employer can ask whether you have any personal situation they believe could hurt your ability to fulfill the job’s requirements.

Under most states’ laws, an employer may not ask whether you have ever been arrested. Neither can the employer inquire whether or not you have a juvenile criminal record. The employer may ask, however, whether you have ever been convicted of a crime.

The general rule is that a former employer may provide any “nonconfidential” employment information about a past employee as long as it is not false or provided in order to intentionally harm the employee. Should your former employee provide false information that disparages your reputation, you may be able to sue him for “defamation.” As a prudent measure, most employers refuse to comment at all on past performance and will only confirm the dates of hire and the length of employment. Most employers will simply not take the risk of providing more information.

In most states the answer is yes. Unless you have a signed employment contract for a fixed term, most employees are considered to be employees “at will.” This means the employee or the employer can terminate the employment relationship at will and without cause at any time and under any circumstances—as long as the reason for the termination by the employer was not for an illegal purpose or against a public policy.

Yes. In most states there are enforcement agencies that are responsible for protecting the rights of workers against employer-initiated sexual harassment or discrimination in the workplace. Under most laws, employers can be held directly responsible for not only their own unwelcome sexual advances, but also for the actions of low-level employees who violate sexual harassment laws. The key issue is to determine whether the employer knew or should have known that it had a hostile workplace.

It depends. Most of the time you are protected by the law from being fired because you reported your employer for illegal conduct. Many states make it their business to protect do-good employees who report their employer’s illegal conduct to the police or governmental authorities. Such employees can be protected under the “whistleblower” protection statute. Furthermore, it is strictly illegal for an employer to terminate an employee for refusing to break the law or for filing a claim or notifying a governmental agency of the employer’s illegal and or dangerous conduct. Such termination is considered to be retaliatory and could subject the employer to substantial punitive damages. The public policy reasoning behind protecting the employee in these circumstances is that the government wants to encourage a safe and legal environment and does not want employees to live in fear of their job if they blow the whistle on their employer.