Wrongful, or unlawful, termination in California occurs when an employer fires an employee based on their age, gender, race, sexual orientation, or other protected characteristic. Also, California law protects any employee for wrongful termination in retaliation for voicing concerns about harassment, a hostile or unsafe working environment, or making complaints about wage and hour violations.
The term “wrongful” termination is a bit of a misnomer. Most people think that if they are fired, especially without being given a reason, then they will have been wrongfully terminated. While it is true that California’s “at-will” employment laws mean that you can be fired at any time for any reason by your employer, it doesn’t mean that they can fire you in retaliation for reporting illegal behavior in the workplace or because of your gender, age, race, or other characteristic. When that happens, you will have been wrongfully terminated.
Even with these laws in place, there are instances where your employer will wrongfully terminate you, which leaves you feeling vulnerable and jobless, unable to provide income for your family. Making matters worse, the line between lawful termination for cause and wrongful termination can be blurry.
Free Wrongful Termination Case Consultations in California
Any wrongful termination case rests on facts and circumstances that must be present, and the best way to find out if you were indeed wrongfully terminated in California, you should contact our experienced, knowledgeable California wrongful termination lawyers. Attorney Martin Gasparian and Maison Law have the skills and experience necessary to help you in a wrongful termination case. If you would like to further understand your rights under California law, contact us today for a free consultation.
Wrongful Termination Versus Termination for Cause in California
The first step in a wrongful termination claim involves establishing that you have indeed been wrongfully terminated. As mentioned above, California law establishes certain requirements that must be met for your termination to be considered wrongful. By law, wrongful termination occurs when an employer retaliates against you for taking any of the following actions:
- Complaining, reporting, or participating in an investigation about workplace harassment or employment discrimination.
- Requesting reasonable accommodations for a disability or religious beliefs.
- Reporting violations of law or public policy.
Wrongful termination can also occur in California if it has been based on discrimination motivated by your:
- Age
- Disability
- Ethnicity
- Gender
- Sexual orientation
- Race
- Color
- National origin
- Pregnancy
- Military status
- National origin
- Religion or other protected status
- Domestic violence victims
Generally, your employer is well-aware of the potential for wrongful termination claims, which is why they have legal departments, human resources departments, and particular policies in place to avoid such claims.
At the same time, if you are terminated for violating these company policies, not following safety rules, or other similar reasons, your termination is likely to be classified as for cause.
Other Types of Wrongful Termination in California
While the vast majority of wrongful termination cases involve either retaliatory or discriminatory reasons, there are other circumstances in which your termination could be considered wrongful. These circumstances include:
Violation of Public Policy
Even if you aren’t a member of a protected class due to your gender, age, race, or religion, you are still protected from wrongful termination by law. If you report concerns and violations of workplace safety, report or refuse to engage in illegal actions, or report or refuse to engage in actions that violate public policies, you will likely have a legitimate wrongful termination claim. Common violations of public policies include:
- Whistleblowing, regarding fraud or other illegal activity
- Refusing to do something illegal
- Reporting a violation of the Family and Medical Leave Act (FMLA)
- Advocating for employee safety and care
- Reporting unsafe working conditions
You can also pursue a wrongful termination claim if you are fired for something that you did when you were off duty and not on your employer’s premises.
Breach of Contract
In California, every employee and employer operate under a contract. Whether the contract is written or simply implied, there are protections in place against wrongful termination. Establishing the terms and conditions under which you can be terminated is usually included in every contract. Once this is in place, however, your employer cannot fire you without cause.
If they do so, then you may have a wrongful termination claim involving breach of contract, which has its own legal ramifications.
Wages and Hour Violations in California
There are statutes in place concerning employees wages and hours in California, and you are protected if you complain about misappropriation of those hours and wages. Specifically, California’s wage and hour laws prohibit the employer from:
- Failing to pay you a minimum wage
- Failing to pay you overtime pay
- Failing to provide you with lunch and rest breaks
- Failing to provide you with Workers’ Compensation insurance
When you complain about not being paid appropriately or participate in the investigation of any such complaints, and they are fired as a result, this would constitute wrongful termination.
Filing a Wrongful Termination Lawsuit in California
The key to a wrongful termination case is showing a link between your protected class or activity and the employer’s retaliation because of it. But an effective case also requires evidence. If you feel you have been wrongfully terminated, make sure to keep any of the following documentation relating to your termination:
- Emails
- Text messages
- Written reports
- Work schedule
- Paystubs to show decreases
- Changes in job duties to show that the employer was punishing them for your complaints
- Termination letters
Once it is established that you have a viable wrongful termination claim, you can then proceed to filing a lawsuit. A lawsuit will allow you to pursue compensation in the form of damages from your employer. In a typical wrongful termination lawsuit, you can recover the following:
- Lost wages
- Loss of benefits
- Damages related to pain and suffering
- Emotional distress damages
Holding the employer accountable for their wrongful behavior takes courage. Maison Law knows how difficult a wrongful termination case can be, and we work hard to help our clients obtain compensation for their losses. At the same time, we hope that a wrongful termination case will make companies aware of their illegal actions and force them to make changes to their policies.
Knowledgeable California Wrongful Termination Lawyers Will Stand Up For You
At Maison Law, we understand how frustrating and scary it can be to lose your job. Our team of accomplished California employment lawyers have a proven system of getting results. More importantly, we’ll stand with you every step of the way to offer legal guidance, protection, validation, and support. To get started with a free consultation, contact us today.
