Wrongful Termination Q & A (Part 1)

A: In California, protected classes include, without limitation:

• age (if over 40);

• ancestry, race, color, ethnicity, genetic information or national origin;

• sex;

• sexual orientation, gender identity or gender expression;

• pregnancy, breastfeeding, childbirth or related medical conditions;

• physical disability, mental disability or medical condition;

• association with a person with a physical or mental disability;

• veteran or military status;

• marital status;

• religion, creed or religious practices; and

• political affiliation.

A: In California, protected activities include, without limitation:

• reporting unlawful practices or practices that you reasonably believe to be

unlawful;

• reporting a workplace injury and/or filing a workers’ compensation claim;

• filing a complaint with the Occupational Safety and Health Administration (OSHA);

• making a workplace health or safety complaint, including reporting patient safety

concerns in facilities that provide health care;

• reporting Labor Code violations, such as failing to pay all wages owed, failing to

pay overtime wages properly, or failing to provide meal or rest breaks; and

• association with a person with a physical or mental disability;

A: Not necessarily. In California, your inclusion in a protected class or engagement in a protected activity needs to be found to be a substantial motivating factor in your employer’s decision to terminate your employment.