As an employee, being terminated from your job can be devastating. If your employer wrongfully terminated you, it may feel like an overwhelming situation. Fortunately, if you were fired for any illegal reason under California law, you may be able to bring a claim against your former employer. Understanding what is considered wrongful termination and your potential remedies is half the battle.
What is Considered Wrongful Termination in California?
There are three primary ways in which employers unlawfully terminate an employee. A wrongful termination claim typically will fall under one of the following broad categories: (1) Breach of Contract; (2) Retaliation; or (3) Discrimination.
BREACH OF CONTRACT
The clearest form of wrongful termination in California usually is the result of a contract between the employee and employer. While this typically involves a written contract it can also be as a result of an oral contract or by what is known as an implied in fact contract (e.g., your employer as a written policy that states they will only terminate employees for “good cause”).
- Breach of Contract – If you have a contract, it may contain terms and conditions of employment. One of those conditions may be that your employer can only terminate you for specific reasons or for good cause. If you are terminated for any reasons that are not consistent with your contract, this may be grounds for a wrongful termination claim.
- Breach of the Covenant of Good Faith and Fair Dealing – California employers are obligated to not interfere with an employee’s ability to perform their duties. Employer’s that terminate an employee after engaging in certain behavior may be subject to a wrongful termination claim. Employer behavior that could lead to this type of breach include:
- Deliberate inaction;
- Interference or obstruction;
- Poor or no communication with the employee; and
- Lies or other forms of deceit
RETALIATION
In some instances, employers unlawfully terminate an employee in retaliation for a lawful action taken by an employee. These can include the following lawful actions:
- Taking Family or Medical Leave – Employees are entitled to take any available sick leave to take care of a medical issue or even for preventative care for themselves or a family member. In addition, under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) employees are entitled to take up to 12 weeks of leave to deal with their own medical condition or that of a family member. There is a presumption that if you are terminated within 30 days of requesting to use sick leave or 90 days within use of FMLA leave, that you were wrongfully terminated. The burden will be on the employer to prove that they did not fire you for either of those reasons.
- Whistleblowing – In California, you cannot be fired for reporting any employer violations of local, state, or federal laws. This practice is commonly known as whistleblowing.
- Complaint about Sexual Harassment – Employer’s are responsible for maintaining an environment free of sexual harassment. It is illegal for a California employer to terminate your employment because you reported a sexual harassment claim or participated in another individual’s sexual harassment claim as a witness.
- Complaint about violation of California’s Wage and Hours Law – California employers cannot terminate an employee for reporting things such as unpaid wages, overtime pay, or violations of required meal and rest breaks.
DISCRIMINATION
The other often seen form of wrongful termination relates to discrimination. Discrimination can occur in almost countless ways. Here are some examples:
- Protected Class Discrimination – There are several “protected classes” that California employers cannot terminate based on their class status. The list is long but several of those classes include (1) race, (2) color, (3) national origin, (4) sex, (5) age (if over 40), (6) disability, (7) sexual orientation and (8) gender identity. There are other protected classes as well. In addition, the specific city where you work may have their own additional classes of protected people.
- Pregnancy Discrimination – In California it is illegal to terminate an employee for any of the following discriminatory reasons: (1) pregnancy; (2) planning to become pregnant; (3) pregnancy-related medical issues or (4) a request for workplace accommodations related to your pregnancy.
OTHER FORMS OF WRONGFUL TERMINATION
There are many other forms of wrongful termination and its impossible to list them all. Be aware that any termination in violation of California’s public policy is grounds for a wrongful termination claim. This can include anything from the disclosure of harmful working conditions to taking time off to serve jury duty.
Remedies for Wrongful Termination
California employees are protected by both federal and state law. If your employer has wrongfully terminated your employment, you may be entitled to damages and your former employer may also be subject to additional penalties and fines. Depending on the type of case, wrongfully terminated employees may recover the following damages:
- Wages – This can include past wages (i.e., backpay), future wages, benefits and interest on these wages.
- Job Reinstatement – While not often sought, certain cases may allow for one to have their job reinstated.
- Additional Compensation – You can also receive compensation in certain cases for emotional distress and the pain and suffering you have endured as a result of the wrongful termination.
- Punitive Damages – In certain cases, the Court may award punitive damages if they found willful wrongdoing by the employer.
- Attorney’s Fees – Award of attorney’s fees is provided in a limited number of cases as well.
Remember that is important that you build a strong case. In addition to contacting a qualified California employment attorney, you are going to want to make sure you gather and preserve all relevant evidence. This may include written documents from your employer, such as job performance appraisals or the termination letter. The strength of your wrongful termination case is going to be based on the recorded communications you are able to present to prove your case. Other important information in proving your case include eyewitness accounts from co-workers as well as company employment data.
Conclusion
Understanding the details of a wrongful termination claim can be complicated. Or it may be that you are not sure if you even have a claim in the first place. As with most employment law issues, it is highly recommended that you seek the opinion of an experienced California labor and employment law attorney. They will be able to assist in evaluating your claim and determining your best course of action.