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PROTECTED ACTIVITIES FOR CA EMPLOYEES

There are California laws protecting  “at-will” employees from being wrongfully terminated for participating in protected activities, for example:

  • Having wages garnished (California Labor Code section 2929);
  • Disclosing or refusing to disclose wages (California Labor Code sections 232(a)-(b));
  • For refusing to work hours in excess of those permitted by the Industrial Welfare Commission (IWC) Orders (California Labor Code section 1198.3);
  • For filing or threatening to file a claim with the Labor Commissioner (California Labor Code Section 98.6);
  • For refusing to work in unsafe conditions (California Labor Code section 6310);
  • Reporting unlawful activity (California Labor Code sections 1102.5, 6310);
  • Voluntary participation in an alcohol or drug rehabilitation program (California Labor Code section 1025);
  • Refusing to authorize disclosure of medical information (California Civil Code sections 565.10(a)-(c), 56.20(b));
  • Refusing to patronize employer (California Labor Code section 450);
  • Refusing to participate in illegal conduct (California Labor Code section 2856);
  • Taking time off to participate in activities of a child's school or licensed day care facility (California Labor Code section 230.8);
  • Maintaining privacy of arrest records that do not lead to convictions (California Labor Code section 432.7);
  • Refusing to take a polygraph test (California Labor Code section 432.2);
  • Enrolling in an adult literacy program (California Labor Code sections 1041-1044);
  • Refusing to participate in abortions (California Health & Safety Code section 123420);
  • Being considered for employment without regard to results of blood test for AIDS (California Health & Safety Code section 120980);
  • Wearing pants to work (California Government Code section 12947.5);
  • Taking time off to seek relief from domestic violence or sexual assault (California Labor Code section 230(c));
  • Taking time off to seek medical attention, obtain the services of a domestic violence program or psychological counseling, or participate in safety planning related to domestic violence or sexual assault (California Labor Code section 230.1);
  • Using accrued sick leave to attend to illness of child, parent, spouse, domestic partner, or child of domestic partner (California Labor Code section 233);
  • Using unpaid family care or medical leave under the California Family Rights Act (California Government Code section 12945.2);
  • Engaging in lawful conduct during nonworking hours away from the employer's premises (employer may not demote, suspend, or discharge an employee for such conduct (California Labor Code section 96(k));
  • Jury duty (California Labor Code section 230);
  • Political activity (California Labor Code sections 1101-1106);
  • Military service (Military & Veterans Code section 394);
  • Acting as a reserve firefighter, reserve peace officer, or emergency rescue personnel (California Labor Code section 230.3);
  • Serving as an election officer on Election Day (California Election Code section 12312);
  • Health care workers' exercise of statutory obligation to report apparent victims of abuse or neglect, without suffering discharge or discipline (California Government Code section 12940(g));

These are just a few examples/reasons for which an employee may not be terminated for. There are scores of more constitutional provisions, statutes, regulations, and case law that can also serve as the basis for a wrongful discharge case.

There are other Federal laws protecting employees for being terminated for participating in protected activities.

The Quickest and Easiest Way to Hold Your Employer Accountable

At the Aegis Law Firm, we know that you may be going through a difficult time, and we are here to help you recover from the wrongs that you suffered. An attorney at our Orange County or Los Angeles law firm can speak with you for a free initial consultation to help you with your employment issues. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.

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