CALIFORNIA WRONGFUL TERMINATION LAW:
In California, it is unlawful for an employer to fire or terminate an employee in violation of public policy, which includes a violation of the state’s laws, statutes, or constitution. Further, it is illegal for any employer to fire an employee for seeking to report illegal activity, or refusing to engage in illegal conduct.
It is illegal for an employer to fire an employee based on their:
- Age (over 40 years old);
- Race;
- Gender or gender identity;
- Sexual orientation;
- Religion;
- Marital status;
- Pregnancy status;
- Request for protected leave under state and/or federal law (FMLA, CFRA);
- Request for a reasonable accommodation;
- Termination based on use of protected leave;
- Reporting discrimination and/or harassment in the workplace;
- Reporting wage and hour violations such as unpaid wages and/or unpaid overtime;
- Reporting unsafe working conditions;
- Reporting a violation of state and/or federal law;
- Refusing to engage in illegal or perceived illegal activity;
WHAT IS CONSIDERED AN UNLAWFUL TERMINATION?
In California, an at-will employee may be fired with or without cause. However, it is illegal for an employer to terminate an employee based on a reason that violates the public policy of the state. (Casella v. SouthWest Dealer Services, Inc. (2007) 157 Cal.App.4th 1127, 1138–1139). When a termination is in violation of public policy, the law provides a cause of action for the terminated employee to institute legal action and recover damages for the harm caused. (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 170).
Here at Brightwood Law Group, we understand the difficulty employees face when they are suddenly terminated and lose their main source of income. If you believe you have been a victim of an unlawful termination, we are here to help. Please click the link below to schedule your free consultation with one of our experienced employment attorneys.
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