The term “wrongful termination” is often used without a clear understanding of what it really means. When is a termination wrongful in the eyes of the law? The answer is simple. A termination is wrongful when an employee is fired for an unlawful or impermissible reason.
Under the California Fair Employment and Housing Act, one of the nation’s strongest protections against wrongful termination, it is illegal for employers to discriminate in employment decisions on the basis of several factors. Such factors include the employee’s:
-Race
-Gender
-Age
-Pregnancy or maternity leave
-Mental or Physical disability
-Religion or religious practices
-Sexual orientation or gender identity
-National Origin
-Political affiliation
-Constructive termination – hostile work environment
-Retaliation for workplace health and safety complaints
-Retaliation for complaining about unpaid wages or overtime
-Retaliation for reporting Labor Code violations
If the decision to terminate the employee was motivated by any of these factors, even if only partially, the termination is illegal under the law. In such instances, the wronged employee may have a claim for wrongful termination.
In California many employees are under an “at-will” employment arrangement. In general, almost all employees without a labor contract are employees at-will. However, there is an important exception to at-will employment. If the employer violates a statute or public policy by firing an employee, a wrongful termination has occurred.
Employees that have experienced wrongful termination have the right to file a lawsuit against their former employers and seek monetary damages. Under the law, wronged employees may recover economic damages, such as loss of past and future wages and benefits. In addition, emotional damages may be recovered.
If the employer’s conduct is particularly malicious or reprehensible, punitive damages may be awarded as well. California law provides some of the strongest protection in the nation to employees who have been wrongfully terminated.
While most cases are settled before trial, verdicts in wrongful termination cases can be very large, which gives employers incentive to resolve these cases before trial.
In Summary
It may seem like your stuck, alone, hurt, and angry all at the same time. You are not alone, there are many recourses available to you, including legal action which wont cost you anything upfront or out of pocket. California provides protection for employees under strict laws of wrongful termination. It may seem challenging to navigate this on your own, and we are here to help you. Leave a comment or reach out to us directly. We are here to serve you.