Were You Wrongfully Terminated? We Can Protect Your Rights.
If you were fired from a job in Oakland or elsewhere in the East Bay, the reason your employer gave may not be the real one. California is an at-will employment state, which means an employer can end the relationship at any time for any reason the law does not prohibit. What an employer cannot do is fire you because of discrimination, retaliation, whistleblowing, protected leave, a violation of public policy, or a breach of your employment contract.
Winer, Burritt, Scott & Jacobs, LLP is headquartered in Oakland, and our attorneys regularly represent workers from Oakland, Berkeley, Alameda, Emeryville, San Leandro, Hayward, and communities throughout Alameda County. Employers rarely admit an unlawful motive, so we investigate what actually happened and pursue the compensation you are owed. If you were terminated, call us at (510) 200-0162 for a free, confidential consultation.
This page explains how wrongful termination law works for Oakland employees. For a broader look at your rights across the state, see our California wrongful termination attorneys page.
An Overview of Wrongful Termination
That might sound a little circular—you are wrongfully terminated when your employer fires you for a wrong reason—but it has significance in the law, particularly in an at-will employment state. Wrongful termination takes place when an employer fires you in violation of your legal rights. In California, employees may pursue wrongful termination claims when an employer violates a state or federal statute, general principles of public policy, the worker’s employment contract, or some other aspect of the law. That last part can get tricky, but basically it leaves open a path for more creative arguments as to how and why an employer unlawfully terminated you.
While an employer in an at-will state such as California can generally fire you because they don’t like how you dress, how you cut your hair, how you stack boxes, and any number of other inconsequential reasons that seem like a bad reason to fire someone, they cannot fire you for an illegal reason. The short version of that is: Your employer can’t fire you for a reason that violates a state or federal statute, and your employer cannot fire you for a reason that violates public policy.
State and federal laws govern the circumstances under which an employer may let an employee go. Employers are not allowed to fire a worker for a discriminatory reason, such as the worker’s:
- Race
- Color
- Sex
- Age
- National origin
- Disability
- Religion
- Marital status
- Medical condition
- Sexual orientation
- Pregnancy
Employers may not fire employees in retaliation for asserting their legal rights. Legal rights of employees include:
- Complaining about illegal harassment or discrimination at work
- Assisting with an investigation
- Reporting unlawful actions of an employer
- Reporting health and safety violations
- Requesting qualified leave under the Family and Medical Leave Act
- Filing a valid workers’ compensation claim
Should an employer terminate an employee in retaliation for an employee’s lawful exercise of rights, the company could find itself facing legal action by the fired employee and liability for wrongful termination.
Public policy is a concept that extends beyond actual statutory law. Whether a termination violates public policy is both fact-intensive and involves significant legal issues. Nonetheless, California law considers violations of public policy, along with statutory violations, one of the two main weapons that employees may use to fight back against wrongful termination, so it’s an important concept to examine. Terminating someone for the following reasons may violate public policy:
- The employee refused to do something illegal or unethical
- The employee reported a statutory violation of the employer
- The employee performed a statutory obligation
- The employee exercised a statutory privilege or right
More about violations of public policy later.
In more unusual cases, you might argue that you held an actual or implied employment contract that your termination violated.
In instances where an actual employment contract existed, your employer may only terminate you for reasons permitted under the contract, such as “just cause.” Whether a reason constitutes “just cause” is another fact-intensive concept, providing yet another point to argue in a wrongful termination suit.
Furthermore, you may argue that in the absence of a written contract, you and your employer had an implied employment contract. You must provide complex evidence to prove the existence of an implied contract and that the termination violated that implied contract.
It is critical to hire an attorney who understands how to prove these complicated claims.
Oakland Wrongful Termination Attorneys Serving the East Bay
Local knowledge shapes how a wrongful termination case is investigated, valued, and argued. Our Oakland office is located at 1901 Harrison Street, Suite 1100, Oakland, CA 94612, and our attorneys are familiar with the East Bay workplaces, courts, and city rules that affect your case.
Oakland and East Bay Employers Our Attorneys Take On
The East Bay economy is diverse, and unlawful terminations happen in every part of it. We represent employees who worked in:
- Healthcare: Hospitals, clinics, and medical groups.
- Ports, Airport, and Logistics: Shipping, warehousing, trucking, and distribution.
- Government and Public Agencies: City, county, transit, and other public employers.
- Education: Public and private schools, colleges, and universities.
- Technology and Biotech: Startups, established tech companies, and life sciences employers.
- Hospitality and Retail: Hotels, restaurants, stores, and event venues.
- Construction and Manufacturing: Trades, plants, and industrial employers.
Where Oakland Wrongful Termination Cases Are Heard
Employment lawsuits arising from Oakland jobs are commonly filed in Alameda County Superior Court. Cases involving federal claims may be brought in the U.S. District Court for the Northern District of California, which sits in Oakland. Some employers require arbitration instead, and our attorneys evaluate those agreements early. Discrimination and retaliation claims generally begin with a complaint to the California Civil Rights Department before a lawsuit is filed.
Oakland’s Local Labor Laws Can Add Protection
Oakland has employment ordinances that go beyond state law. The city’s minimum wage and paid sick leave law, found in Oakland Municipal Code Chapter 5.92, protects workers from retaliation for asserting their rights to the city minimum wage, paid sick leave, and service charge pay. Oakland also has a separate ordinance protecting hotel workers. If you were fired after asking about wages, using sick leave, or reporting a violation of a local ordinance, that timing can support both local and state claims.
East Bay Communities We Serve
Our Oakland attorneys represent employees who live or work in Oakland, Berkeley, Alameda, Emeryville, Piedmont, San Leandro, Hayward, Richmond, Walnut Creek, Fremont, Pleasanton, Livermore, and throughout Alameda and Contra Costa Counties.
More Information About Violating Public Policy
Not every action an employer takes to get rid of an unwanted employee is a technical violation of the law, but those actions still can form the basis for a wrongful termination case. Employers also have an obligation to not take actions that violate public policy. This, obviously, can form a nebulous area of wrongful termination law. Despite the lack of a statutory reason to claim wrongful termination, employers are expected to know the fundamental policies of fairness and nondiscrimination embodied in state and federal statutes. Thus, even if a reason for termination does not fall completely within a statutory category for wrongful termination, the terminated employee might still have a claim based on a violation of public policy.
The state’s courts have put forth four broad requirements to arrive at the determination that an employer’s actions violated public policy. These requirements are:
- Constitutional or statutory provisions must support the policy
- The policy must benefit society at large, rather than serving merely the interests of the individual employee
- The policy must have been well-established at the time the employee was fired
- The policy must be fundamental and substantial
An obvious example: An employer fires an employee who refuses to violate the law or hurt others. Similarly, if an employer fired an employee for refusing to sign an illegal or unenforceable contract, that could violate public policy.
Frequently Asked Questions About Oakland Wrongful Termination Claims
Where would my wrongful termination case be filed if I work in Oakland?
Most cases arising from Oakland jobs are filed in Alameda County Superior Court. Claims that involve federal law, or disputes between parties in different states, may be filed in the U.S. District Court for the Northern District of California, which has an Oakland courthouse. If you signed an arbitration agreement, your case may instead be heard by a private arbitrator. We review the venue options before filing.
Does Oakland have local laws that protect workers from being fired?
Yes. Oakland’s minimum wage and paid sick leave ordinance, which voters passed as Measure FF and which is codified in Oakland Municipal Code Chapter 5.92, prohibits retaliation against employees who assert their rights to the city minimum wage, paid sick leave, or service charge pay. Employees may file a complaint with the city or bring a civil claim, and these rights can be pursued alongside state-law claims.
I work for the City of Oakland, Alameda County, or a school district. Are my rights different?
Public employees are covered by California’s anti-discrimination and retaliation laws, but special procedures often apply. These can include short claim-filing deadlines, civil service rules, and union grievance processes that must be handled carefully. Because a missed step can jeopardize a valid claim, contact an attorney as soon as you are terminated or disciplined.
I live in Oakland but work remotely for a company based in another state. Which law applies?
California employment laws generally protect employees who perform their work in California, even if the employer is headquartered elsewhere. That can include protections against discrimination and retaliation and rights to final wages. Your employment agreement and where you physically worked matter, so an attorney should review the details, including any out-of-state arbitration or venue clauses.
Do I need to live in Oakland to work with your Oakland office?
No. Our Oakland office represents employees from across Alameda County and the greater Bay Area, and our attorneys handle cases statewide. If getting to Oakland is difficult, call our office at (510) 200-0162 and we will help arrange a convenient way to meet with an attorney about your termination.
Contact Our Oakland Wrongful Termination Attorneys
If you believe you were fired for an unlawful reason in Oakland or the surrounding East Bay, you do not have to face your employer alone. Wrongful termination claims can involve overlapping state, federal, and local laws, and you need an attorney who can identify every right and option available to you.
The lawyers of Winer, Burritt, Scott & Jacobs, LLP, know how these cases work and how to overcome the challenges they present. Visit our Oakland office at 1901 Harrison Street, Suite 1100, Oakland, CA 94612, call us at (510) 200-0162, or contact us through our website to schedule your free consultation.
