Axis has been hired by a Los Angeles employee fired in connection with language discrimination.

In California, it is unlawful under Fair Employment and Housing laws to terminate an employee for an unlawful reason, such as race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation.

Further, California law prohibits the firing of an employee for reasons that are fundamental to public policy, called a “Tameny” claim. Only employees (not independent contractors) can bring Tameny claims, and no Tameny claims may be brought against supervisors. Tameny claims cannot be brought against public entities.

 

Common unlawful reasons triggering a Tameny claim include termination of an employee based on prohibited characteristics, such as race, nationality, gender, age, etc., violation of family or medical leave laws, the employee’s attempt to maintain a safe working place, termination for refusal to sign a non-compete clause,  termination for refusing to release the employer from liability for intentional acts, whistleblowing, testifying at hearings, jury service,  discussing wages with co-workers, political activity, reporting fraudulent businesses practices, misrepresentations in employment, violations of labor code laws,  or other lawful conduct occurring during nonworking hours away from the employer’s premises.

 

Reasons that do not trigger a Tameny claim include termination for reporting a coworker’s violation of internal policies and practices, termination for reporting a coworker’s prior bad acts (i.e., workplace “tattling”), termination for reporting misappropriation of the employers’ funds, termination for refusing to agree to arbitration, termination for refusing a drug test, termination for asserting fraud claims against the employer, termination for refusing to dismiss a personal injury lawsuit, termination for exercising free speech rights, use of medical marijuana, or others.

AXIS Legal Counsel is an employment law firm representing clients  in numerous kinds of lawsuits and disputes involving some of the nation’s largest employers. Whether it is sexual harassment, other kinds of harassment, discrimination, medical/disability discrimination, retaliation, hostile work environment, wage/hour, workplace bullying, or other claims, AXIS Legal Counsel is experienced in the field of employment and labor law and focused on providing high-quality legal service.  AXIS’s managing attorney, Rabeh M. A. Soofi, is recognized as one of the “Top Women Lawyers in Southern California” by SuperLawyers, and is a Los Angeles Employment Attorney with experience representing numerous employees with a wide variety of employment claims.

For information on retaining AXIS Legal Counsel for any employment matter, contact info@axislegalca.com or call (213) 403-0130 for a confidential consultation, or visit our Employee’ Rights Practice Area, or Individual Rights Portal. AXIS is a Los Angeles, California employment law firm serving employees all over Los Angeles and California.