Articles Posted in Wrongful Termination

Luis Castro–Ramirez worked as a truck driver for Dependable Highway Express, Inc. For several years, Castro-Ramirez’ supervisors permitted him to work an earlier shift so that he could be home each evening to administer dialysis for his disabled son.

In 2013, a new supervisor placed Castro-Ramirez on a later work schedule. Castro-Ramirez objected because the shift would not allow him to be home early enough in the evening to tend to his disabled son. The supervisor terminated Castro-Ramirez, claiming he “had quit by choosing not to take the assigned shift.” Castro–Ramirez sued alleging disability discrimination. Castro-Ramirez v. Dependable Highway Express, Inc., (Ct. App. 2016) 2 Cal. App. 5th 1028, 1031.

The Fair Employment and Housing Act (“FEHA”), prohibits employers from discriminating against an employee on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Gov. Code § 12926.

If you have been recently fired, you have come to the right place. Being fired is a terrible experience. Not only does it take away your livelihood, but it is often unfair and unjustified. But just because the termination is unfair, it does not mean it is unlawful.

I meet with recently terminated employees on a daily basis and they all want to know if they have a case for wrongful termination. Unfortunately, most of the time, I must tell them that they do not. This blog post explains the basics of wrongful termination.

  1. “At-Will” Employment