You cannot terminate an employee for participating in activities that are protected by law, including:

  • Being subject to a wage garnishment1
  • Disclosing or refusing to disclose wages2
  • Voluntarily participating in an alcohol or drug rehabilitation program3
  • Refusing to authorize the disclosure of medical information4
  • Jury duty5
  • Political activity6
  • Military service7
  • Acting as volunteer firefighter, reserve police officer or emergency rescue personnel8
  • Refusing to patronize employer9
  • Refusing to commit an illegal act10
  • Taking time off to appear at a child’s school about a suspension11
  • Taking time off for a child’s school or child care activities12
  • Taking time off as a victim of domestic violence, sexual assault or stalking to obtain a restraining order, to receive care or counseling or to relocate13
  • Maintaining privacy of arrest records that do not lead to convictions14
  • Refusing to take a polygraph test15
  • Enrolling in an adult literacy program16
  • Refusing to participate in abortions17
  • The results of a blood test for AIDS18
  • Serving as an election officer on Election Day19
  • Reporting apparent victims of abuse or neglect, as obligated by statute20
  • Disclosing information on a violation of law to a government or law enforcement agency21

More information can be found in Discrimination and the various leaves of absence sections on this website.

Rights Under the Labor and Unemployment Insurance (UI) Codes

You cannot discharge or discriminate against a person who:

  • Sought information from the Employment Development Department (EDD) about their rights under the Unemployment Insurance (UI) Code or the Labor Code.
  • Cooperated with any EDD investigation.
  • Testified or is about to testify in any proceeding that relates to the UI Code or the Labor Code.

An employee who believes that their rights have been violated under the UI Code or the Labor Code can file a complaint with the Labor Commissioner. The employee may be entitled to reinstatement and reimbursement of lost wages and benefits.22


1. Lab. Code sec. 2929

2. Lab. Code secs. 232(a)-(b), 1197.5

3. Lab. Code sec. 1025

4. Civ. Code secs. 56.10(a)-(c), 56.20(b)

5. Lab. Code sec. 230(a),(b)

6. Lab. Code secs. 1101, 1102

7. Military and Veterans Code sec. 394

8. Lab. Code sec. 230.3

9. Lab. Code sec. 450

10. Lab. Code sec. 2856

11. Lab. Code sec. 230.7

12. Lab. Code sec. 230.7

13. Lab. Code secs. 230(c), 230.1

14. Lab. Code sec. 432.7

15. Lab. Code sec. 432.2

16. Lab. Code secs. 1041-1044

17. Health and Safety Code sec. 123420(a)

18. Health and Safety Code sec. 120980(f)

19. Elections Code sec. 12312

20. Govt. Code sec. 12940(g); Health and Safety Code sec. 1278.5

21. Lab. Code sec. 1102.5

22. UI Code sec. 1237