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Legal and Illegal Firings Case
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Asked: Mar 14th, 2019
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Question Description
Legal and Illegal Firings
(from
The Employer’s Legal Handbook
, by Attorney Fred Steingold, 2013,
and other sources)
In 1884 the Tennessee Supreme Court ruled that an employer can “discharge or
retain employees at will for good cause, no cause, or even for cause morally wrong,
without thereby being guilty of legal wrong” as long as the firing does not violate
legal contractual agreements made by the parties involved. This is the doctrine of
employment at will. It gives a company the same right as every individual employee,
who can quit for any reason whatsoever, no reason, or a morally reprehensible reason
(e.g. my boss is a redhead and I hate redheads, so I legally quit for that reason).
However, beginning in 1964 with Title VII of the Civil Rights Act, firings became illegal
if they were due to an employee’s race, religion, ethnicity, or national origin. Many
additional restrictions on firings have been added since, often depending on what
state you work in. In 1990 Congress passed the Americans with Disabilities Act (which
applies to all states). It prohibits discrimination against a qualified employee with a
disability (physical or mental) who can perform the job, even if she requires
accommodations. In addition, in 20 states today, you cannot be fired for your sexual
orientation or gender identity.
California extends more employment protection rights to employees than any other
state today. In California (but not in many other states), you are a “protected”
employee and cannot be fired for several reasons, including: Pregnancy, a
documented medical condition, your marital status, age (if you are over 40), current
military service or scheduled deployment with the Reserves or National Guard,
bankruptcy, your genetic information, your citizenship status (if you are a permanent
resident, temporary resident, or have worker status), serving on a jury, voting in an
official election, trying to form a union, filing a workers compensation claim, and
taking leave under the Family Medical Leave Act. In California, it counts as
discrimination (against a man) if you fire any male who is simply accused of sexual
harassment without conducting an investigation. In California, you cannot be legally
fired for reporting a safety violation to a regulatory agency. You also cannot be fired
in California for disclosing the amount of your wages (to anyone); for complaining if
you have not been paid; for complaining about workplace safety issues or reporting
such issues to a government agency; for complaining about or reporting unlawful
discrimination or harassment; for assisting someone else in reporting or opposing
discrimination, harassment, or retaliation; or for reporting a suspected violation of
state or federal law. However, to prove you have been illegally fired for any of these
reasons and win a court case, is not always easy. You need credible evidence that
you were fired for one or more of these illegal reasons (e.g. can you prove you were
fired for assisting your friend in filing a report of sexual harassment?). There are other
illegal reasons to fire someone: You cannot be fired in California for having AIDS or
HIV; for your political affiliations (allegiance to an official political party); for refusing
to commit illegal acts or for refusing to commit fraudulent business practices (e.g.
refusing to file a phony report with a state environmental agency, refusing to bribe
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