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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was fired, then they fired my husband a week later after

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I was fired, then they fired my husband a week later after telling me he wasn't going to be fired due to my termination. Can we sue for wrongful termination based on discrimination?
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me if either you or your husband had contracts with your employer or were you at-will employees?

Do you have any reason to believe that either of you was terminated due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, religion, disability, etc.)?

Or do you believe that you were both terminated BECAUSE you were married?
Customer: replied 2 years ago.

Hi. We are both "at will". I was fired because I am too progressive I was told. My husband was terminated for sure because we are married and they fired me. I didn't sign the first severance package and they have sent another offer. Can we sue for because of martial status?

I'll look into this for you and get back to you shortly.
I’m afraid that you would only have a cause of action if you were terminated because of your marital status. In other words, you would need to prove that you were treated differently than other employees because you were married. For instance, that similarly situated single employees were not terminated, etc.
As an at-will employee, unfortunately, you can be terminated at any time for any reason with or without any prior notice. This means that while unethical and inhumane, it is legal for your employer to terminate you for being ‘too progressive.’ It is also then legal for them to terminate your husband because he is MARRIED to YOU. It would be illegal for them to terminate him because he is MARRIED (rather than being single).

This is the case although they told you that they would not terminate your husband after terminating you, as that would only be considered a promise and not a contract, requiring that they not terminate your husband.
If it’s any consolation, I strongly disagree with the current status of the law in this regards, XXXXX XXXXX there is no current protection for this type of situation.

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey.

Thanks and best of luck!

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