Losing your job is a significant and often distressing event, leaving many with questions about their rights and future. While California is generally an “at-will” employment state, this principle does not grant employers an unrestricted right to fire employees for any reason. A termination becomes “wrongful” when it violates fundamental public policy, which includes California’s laws, statutes, or constitution. At Brightwood Law Group, PC, we believe every employee deserves to be treated fairly and lawfully. This page provides an overview of wrongful termination in California. If you believe you have been unlawfully discharged, our dedicated team is ready to help you explore your options.
Wrongful Termination Overview
Wrongful Termination in California: An Overview
Introduction
Understanding “At-Will” Employment and Its Limits in California
California operates under the principle of “at-will” employment. This generally means that, in the absence of an employment contract specifying otherwise, an employer can terminate an employee at any time, for any lawful reason, or for no reason at all. Similarly, an employee can typically leave a job at any time.
However, the “at-will” doctrine is not absolute and has crucial exceptions designed to protect employees. It is illegal for an employer to terminate an employee based on a reason that violates the public policy of the state. (See 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. (See Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 170). These exceptions form the basis for wrongful termination claims.
What Constitutes Wrongful Termination in California? (Illegal Reasons for Firing) “At-Will” Employment and Its Limits in California
A termination is considered “wrongful” if it is based on an illegal motive or violates established employee rights. It is unlawful for an employer to fire an employee in violation of public policy or for reasons that contravene California’s laws and constitution. This includes:
- Discrimination: Termination based on an employee’s protected characteristics is illegal. Under California’s Fair Employment and Housing Act (FEHA) and federal laws, employers cannot fire you based on your:
- Race
- Religious creed
- Color
- National origin
- Ancestry
- Physical disability
- Mental disability
- Reproductive health decision making
- Medical condition
- Genetic information
- Marital status
- Sex, gender, gender identity, or gender expression
- Age (typically if over 40 years old)
- Sexual orientation
- Veteran or military status
- Retaliation: Employers are prohibited from retaliating against employees for engaging in legally protected activities. This means it is illegal to fire an employee for:
- Requesting protected medical or family leave under state and/or federal law (e.g., FMLA or CFRA).
- Requesting a reasonable accommodation for a disability or religious belief.
- Their use of protected leave.
- Reporting, opposing, or participating in an investigation of 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 by the employer (whistleblowing).
- Refusing to engage in illegal or what is perceived to be illegal activity.
- Breach of an Employment Contract: While most employment is at-will, if you have an express written contract or a clearly established implied contract that limits your employer’s ability to terminate without good cause or specific procedures, a firing in violation of that contract can potentially create a claim against the employer.
- Violation of Other Fundamental Public Policies: Beyond the specific examples above, a termination may be wrongful if it clearly violates a fundamental public policy. This can include being fired for exercising other statutory rights or fulfilling legal obligations.
Common Examples of Potentially Wrongful Termination
While every case is unique, some common scenarios may indicate an unlawful firing:
- An employee is fired shortly after announcing a pregnancy or returning from maternity leave.
- A long-term employee with good performance reviews is suddenly terminated after requesting medical leave or an accommodation for a disability.
- An employee is let go after repeatedly reporting safety violations or illegal conduct by the employer.
- An older employee is terminated while younger, less qualified individuals are retained or hired for similar roles.
What Steps Should You Take If You Suspect Wrongful Termination?
If you believe your termination was unlawful, taking prompt and careful action is crucial:
- Gather Relevant Documents: Collect copies of your employment agreement, offer letter, employee handbook, performance reviews, disciplinary notices, communications with your employer (emails, messages), pay stubs, and your termination letter.
- Create a Detailed Timeline: Write down a chronological account of events, including dates, specific incidents, individuals involved, and any statements made.
- Avoid Signing Documents Under Pressure: Do not feel pressured to sign any documents, such as a severance agreement with a release of claims, without first having an attorney review it.
- Consult with Brightwood Law Group, PC Promptly: There are strict deadlines (statutes of limitations) for filing wrongful termination claims. Contacting an attorney quickly allows for a thorough case evaluation and ensures your legal rights are preserved.
How Brightwood Law Group, PC Can Help
Here at Brightwood Law Group, PC, 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. Our process typically involves:
- Comprehensive Case Evaluation: We will listen carefully to your story, review your documentation, and analyze the specific facts surrounding your termination to determine if it was unlawful.
- Explaining Your Legal Options Clearly: We will explain the relevant laws, the strengths and potential challenges of your case, and the possible courses of action (e.g., demand letter, negotiation, agency filing with the California Civil Rights Department, or litigation).
- Dedicated and Strategic Advocacy: As your advocates, we will diligently work to achieve the best possible outcome, whether through negotiation, mediation, or, if necessary, litigation.
- Seeking Available Remedies: Depending on your case, you may be entitled to remedies such as lost wages and benefits, emotional distress damages, and potentially reinstatement.
Explore Specific Types of Wrongful Termination
Wrongful termination can occur in many specific contexts. Learn more about your rights in these situations:
Think You Were Fired Illegally? Contact Us for a Free Consultation.
If you suspect your termination was unlawful, it’s crucial to understand your legal options. Contact Brightwood Law Group, PC today for a confidential and free consultation. Our experienced employment attorneys are here to listen to your story and help you determine the best path forward. Call us at (310) 895-9075 or fill out our contact form.