In general, employment in California is “at-will,” which means that employers can fire an employee for any reason as long as it isn’t illegal. However, in California, an employer can be found guilty of wrongful termination if they fire an employee for violating state or federal law.
What Qualifies as Wrongful Termination in California?
Wrongful termination in California could be a result of a variety of reasons, including:
- Discrimination: A business can’t terminate a worker as a result of their Physical or mental disability, Use of protected time off, Pregnancy status, Race or national origin, Religion or religious practices, Gender, Age, Sexual orientation, Gender identity, Political affiliation
- Retaliation: Employees who report discrimination, harassment, or other illegal practices cannot be fired by their employers. A worker cannot be fired for participating in a legal activity, such as voting or serving on a jury, either.
- Whistleblowing: Employees who report unethical or illegal behavior within the company cannot be fired by their employers.
- Harassment: Employees in California are required to become familiar with the laws governing sexual harassment at work. The California Fair Employment and Housing Act, or FEHA, is the primary sexual assault law in California that forbids sexual harassment. Improper end in California can likewise result from work environment provocation, including lewd behavior. It is against the law to fire an employee for complaining of harassment because employers are required to provide a safe and respectful work environment.
Contract Breach: If an employer violates a written or implied employment contract, such as terminating an employee before the end date that was agreed upon.
What are Wrongful Termination Examples?
Some examples of unlawful termination in California:
- Discrimination: An employee is fired when their race, gender, age, religion, national origin, sexual orientation, or any other protected characteristic is taken into consideration. An employer might, for instance, fire a female worker due to her gender or a Muslim, Hindu, or Jewish worker due to his religion.
- Retaliation: An employee can be fired by their employer for participating in a protected activity, such as reporting safety violations, discrimination, or harassment, or for joining a union. For instance, a business might terminate a representative who reports lewd behavior by a boss or records a specialist’s remuneration guarantee.
- Whistleblowing: Employees who report or refuse to participate in unethical or illegal behavior are fired by their employers. An employee may be fired if, for instance, they report financial fraud or refuse to take part in a plan to break environmental regulations.
- Contract Breach: A business ends a representative infringing upon a work contract or a suggested agreement, which could incorporate an infringement of the agreements of the company. In violation of an employment contract that requires a cause for termination, an employer may, for instance, fire an employee without cause.
- Public Policy Violation: A business ends a worker for participating in a movement that is safeguarded by open strategies, like serving on a jury, revealing criminal behavior to policing, or getting some much-needed rest for a family or clinical reasons. An employee may be fired if, for instance, they take time off to care for a sick family member or report illegal employer behavior.
- Worker’s Compensation Claim Retaliation: When an employee files a workers’ compensation claim or reports an injury at work, their employment is terminated. An employee might be fired if they file a workers’ compensation claim and report an illness or injury at work.
- Defying the WARN Act: Under the WARN Act, which requires employers to provide advance notice of mass layoffs or plant closures, an employer terminates employees without providing proper notice. Under the WARN Act, for instance, an employer may fire a group of workers without giving them 60 days’ notice.
- Harassment: Under California law, the employer is strictly accountable when a manager or supervisor sexually harasses a subordinate. This means that if a manager or supervisor sexually harasses a subordinate, the company is responsible. However, an employer can only be held accountable for workplace harassment if they knew about the harassment (or learned about it) and did nothing to stop it. Employers may also be held accountable for harassment committed by customers or clients if they knew about the harassment (or should have known about it) and did not act appropriately to prevent an employee from continued harassment. Wrongful termination based on sexual harassment may occur if an employer sexually harasses an employee and then fires them after the employee rejects their advances.
What is Considered Cause for Wrongful Termination in California?
Wrongful termination means when an employer terminates an employee for an illegal reason. Employers in California are prohibited from terminating employees in violation of the law. Discrimination, retaliation for participating in a protected activity, whistleblowing, breach of contract, violation of public policy, retaliation for filing a workers’ compensation claim, and violation of the WARN Act are all potential causes of wrongful termination.
What is Considered Wrongful Termination in California?
Many people use the term “wrongful termination” without really knowing what it means. When is an end unfair, legally speaking? The response is easy. When an employee is fired for a reason that is not legal or allowed, the termination is wrong.
It is against the law for employers to discriminate in employment decisions based on a variety of factors under the California Fair Employment and Housing Act, which is one of the strongest protections against wrongful termination in the nation. These factors include:
- Race
- Gender
- Age
- Harassment
- Pregnancy
- Mental or Physical disability
- Religion
- Sexual orientation
- National Origin
- Political affiliation
- Retaliation for complaints and reports of violations
It is against the law to fire an employee if any, if not all, of these factors, played a role in the decision to do so. The wronged employee may have a wrongful termination claim in these situations.
What to Do If You Have Experienced Wrongful Termination in California?
We recommend that you immediately take the following two steps if you lose your job and believe you may have a wrongful termination claim against your former employer:
- Set up a client relationship by contacting a seasoned California wrongful termination lawyer.
- Collect and safeguard all relevant evidence for your case.
Naturally, gathering evidence involves obtaining and preserving all written documents regarding your termination and prior job performance from your employer (such as copies of all past performance reviews and your termination letter).
If you have not already saved some of these documents, you may need to ask your employer for them. An attorney can assist you in making these requests more forcefully if your employer does not respond.
A California employment lawyer can help you identify the evidence that will be crucial as the case progresses and play a crucial role in the collection of evidence for a lawsuit.
Is wrongful termination hard to prove?
It is the employee’s responsibility to demonstrate her case by a preponderance of the evidence in a wrongful termination case. The majority of the time, there is no hard evidence. To prevail in her wrongful termination claim, an employee does not require “smoking gun” evidence. By pointing to an employer’s shifting reasons for the termination, inconsistencies in the employer’s story, or proximity in time between an employee’s protected conduct and the employee’s discharge, an employee may be able to win a wrongful termination case.
Wrongful Termination Settlement in California:
If you were fired without cause in California, you may be eligible for compensation. The severity of the violation, the length of time you were employed, and any damages you sustained due to the termination will all influence the settlement amount. The damages that an employee who was fired can get for filing a California wrongful discharge lawsuit can vary from case to case. However, in most cases, they will include at least one of the following:
- Benefits and wages lost
- Wages and back pay
- Monetary compensation for emotional distress and pain and suffering caused by job loss;
- Fees for an attorney
- Punitive damages, which are intended to punish the employer’s willful misconduct
Conclusion
Wrongful termination cases in California are a severe problem that can have significant repercussions for both employers and employees. It is critical to consult an experienced employment lawyer if you have been wrongfully terminated so that they can explain your legal options and rights. You can safeguard yourself and hold your employer accountable for their actions by taking the necessary precautions.
Contact us for assistance if you’ve been fired or let go for illegal reasons
If you think you were fired because of your disability or medical condition, you might want to talk to a lawyer or a legal aid organization.
If you have any inquiries regarding your circumstance, make an appointment for a case review with one of the best employment law firms in California.
Contact our wrongful termination California lawyers to learn more about your legal options. Consultations and legal counsel are available from our law firm.