Losing a job can be a major disruption to your life and your family’s life. And when you feel you’ve been fired for your race, religion, your age, and other protected factors, you can feel powerless and vulnerable.
In California, workers are empowered to sue after they’ve suffered wrongful termination over a characteristic that’s legally protected. They can get their jobs back, be repaid for their lost wages, and get the benefit of penalties paid by the company.
Schedule a Free Consultation with a California Wrongful Termination Lawyer
Maison Law exists to help California employees seek justice for labor law violations, such as wrongful termination.
We help victims recover what is owed to them after being fired illegally. Contact us for a free consultation and we will listen to what happened to you, explain your full range of legal options, and help you decide whether or not your case is worth pursuing with the help of an attorney.
The consultation is completely confidential and you are under no obligation to work with us. Even if we don’t represent your California wrongful termination case, we will be happy to point you in the right direction.
California’s Employment Classification and Wrongful Termination
In California, employment is “at-will,” meaning that workers may be let go at any time for any reason or no reason. The at-will principle does, however, include several exceptions that you should be aware of.
You might be eligible to file a claim for wrongful termination if you were let go due to discrimination, a breach of your employment agreement, or the exercise of certain legal rights.
Anytime a worker is let go for an unlawful reason, it is considered a California wrongful termination.
You may file a lawsuit against your employer to seek damages if this occurs. The employer may occasionally be required to cover sizable additional fines and expenses.
This process of filing a claim with California’s Department of Labor or filing a lawsuit can be quite complex and leave you facing off against corporate lawyers. These lawyers will try to prove to the Labor Commissioner or a judge that you have no case at all. It’s critical that you have a skilled California Employment Lawyer on your side. Your lawyer defends you from personal attacks by your company and makes sure your case can’t be ignored.
What Is Wrongful Termination?
Because of the at-will employment in California, businesses have a lot of leeway when discharging employees. Being fired for an incorrect or unlawful reason is referred to as being unlawfully terminated. State and federal labor regulations, nonetheless, permit exceptions to this generalization.
California law offers extensive protections for workers’ rights at work, some of which specify how, when, and under what conditions an employee may be fired legally. This article will examine these safeguards in more detail and outline the circumstances in which an employer violates California state law by firing an employee without cause.
Who Is Considered an “Employee” in California?
Only an employee may bring a claim or legal action in California for wrongful termination of their employment. This is so because an employer must terminate the employment relationship to prove a wrongful termination claim. Depending on the nature of the harm that the worker has claimed, the term “employee” will have a specific definition. However, a worker will typically be regarded as an employee if they perform labor managed, directed, and controlled by an employer.
Workers who are categorized as “independent contractors” are different from employees. An independent contractor is an individual who delivers a certain good or service to a business. Still, the business typically does not influence the process by which that outcome is achieved.
In other words, the likelihood that a worker will be seen as an employee by the courts increases the more power an employer or a supervisor has over how they carry out their duties.
Workers who are not employees, such as independent contractors or immediate family members, may be able to sue a company for breach of contract or breaking another law.
However, for these reasons, the termination of a commercial connection where neither side is an employee wouldn’t technically constitute a “termination.”
Employers Can Fire At-Will Workers Without a Good Reason
At-will workers are free to leave their jobs at any moment. Employers may also discharge at-will workers for seemingly arbitrary grounds, provided they are not unlawful. This may provide some ambiguous outcomes.
Many workers think they are safe from losing their jobs unless they do something wrong, disobey the rules, or perform poorly. But that’s not typically the case.
When an employee is employed at will, their employer has the right to fire them without giving them a reason, even when they are performing well.
One day, for instance, a grumpy employer might decide to terminate a random at-will worker. The act of doing that is not illegal in and of itself. As a result, the discharged employee could find it hard to prove that a termination was unjustified.
Despite California’s employee classification, it’s always important to get a legal opinion after you’ve been fired. There may be benefits available to you no matter how well your employers think they are protected. Discuss your case with a skilled California Labor Law Attorney before accepting a injustice suffered at work.
Wrongful Termination for Contract Breach in California
If your employment agreement specifies that you may only be terminated under specified circumstances, such as -for a good reason, it means that you are most likely not an at-will worker.
If you have a similar agreement, it would be unlawful for your employers to fire you for a cause other than the one specified in the agreement.
Your employer’s stated reason for terminating your employment must comply with the agreement’s definition of “good cause” if your agreement specifies that you may only be fired for a -a good cause.
Similarly, it would be illegal for your employer to claim that the agreement was the cause for your termination when it was just a cover for an illegal reason.
A court may nevertheless find that you and your employer have an implicit contract for employment or an oral employment agreement, even if you don’t have a formal agreement.
If your firm has a written policy that states that employees are only fired -for a good cause, for instance, an implicit contract might be determined to exist.
Employers Are Not Allowed to Practice Illegal Discrimination
Employers typically have the right to fire workers for any legal cause, as was previously established. However, if an illegal cause compels them, they are not allowed to fire people. When the employer intends to discriminate by terminating the employee, this is one of the most frequent bases for a wrongful dismissal claim. Numerous statutes forbid job discrimination in California. A group of people who have certain traits in common is referred to as a protected class.
California protects the following classes:
- Race
- Color
- Country of origin
- Ancestry
- Sex
- Religion
- Age (if over 40)
- Disability
- Genetic profile
- Relationship status
- Sexual preference
- Sexual orientation
- HIV or AIDS positive status
- A health condition
- Political affiliations or activities
- Veterans’ or military status
- Victims of stalking, assault, or domestic violence
- Status as a citizen
An employer cannot use any of these traits to justify firing a worker. Additionally, an employer may not establish a setting at work where being a part of a protected group immediately disadvantages an employee or disqualifies them from participating in something.
A person of a protected class cannot be harassed by their employer just because they belong to that group. Additionally, the employer isn’t allowed to establish or perpetuate a hostile working environment that forces the class member to resign. Numerous additional statutes in California also forbid discrimination, even though the FEHA is the state’s largest anti-discrimination statute. The following explores a handful of those.
Discrimination Because of Pregnancy
In California, it is considered a form of pregnancy-related prejudice if you are fired because you’re pregnant, intend to get pregnant, or are coping with pregnancy-related medical problems or challenges after giving birth.
It would also be illegal pregnancy discrimination if you asked for pregnancy-related employment accommodations, such as leaves, and were turned down or fired as a result.
Discrimination Based on Politics
The employer may have engaged in wrongful termination if an employee is fired due to political beliefs or actions. Employers are not allowed to restrict the political activity of their staff members under California law. This means an employee cannot be disciplined by their employer for belonging to a particular political party. Employers cannot prohibit workers from attending political events or running for public office.
Additionally, it is against the law for employers to attempt to persuade or sway workers to participate in any political activity.
Political prejudice can be quite harmful. Additionally, it is against the law for businesses to retaliate against workers who reject such actions. It may be criminally penalized in some circumstances as a misdemeanor. Additionally, the employer may be subject to penalties, charges, and civil damages, some of which may be recovered by the employee.
Discrimination Towards Crime Victims
Criminal victims frequently have a legal right to be treated without discrimination by their employer. Employers cannot specifically discriminate against workers who must testify in court about a crime they were victims of.
Employers are also prohibited from treating workers unfairly because they are domestic abuse, sexual violence, or stalking victims.
The right to take time off work to seek a protection order against the offender is also granted to sexual assault, stalking, or victims of domestic abuse. Employees cannot be fired by their employers for doing this.
Employees that have been the crime victims must generally give their employer sufficient advance notice if they plan to miss work to seek a restraining order or testify in court.
When a temporary restraining order is required, it may not be possible to provide the employer advance notice of the absence. If the employee wants to be shielded from prejudice for taking extra time off work in specific circumstances, they might need to present documents to their employer.
Employers are Prohibited from Taking Unlawful Retaliation
Every employer in California is subject to regulations that they must abide by. Employees may desire to file a claim or report an employer’s wrongdoing if they break the law somehow. Employees are frequently shielded from discipline or termination if they do this.
The various forms of retaliation that could give rise to a legitimate claim of wrongful termination are examined in this section.
Retaliation for Taking a Medical or Family Leave of Absence
Your employer cannot fire you for requesting or taking family medical leave.
According to California law, employees are shielded from retribution by their employers if they use accumulated sick time for the diagnosis, treatment, or prevention of an underlying health issue or themselves or a family member.
The burden of proof rests with your employer to show that the reason for your dismissal was different from your request for or use of paid sick leave if you want to use paid sick leave and thus are fired within one month of your request to do so.
Additionally, you cannot be fired by your employer for using your FMLA or California Family Rights Act-guaranteed family or medical leave benefits.
You have the right to take up to 12 weeks of leave for a serious health condition affecting you or a family member if you work for an employer protected by one of these statutes.
The burden of proving that you were not fired for that reason transfers to your employer if you are fired in California while on FMLA leave or within three months of resuming from FMLA leave. Again, the law will assume that this is a wrongful dismissal.
Whistleblower Retaliation Protections Under California Law
When you “blow the whistle” or reveal how your company has broken local, state, or federal laws, rules, or regulations, you are protected from being fired by your employer.
Your employer cannot fire you for bringing up harmful working circumstances.
In California, an employee has the right to file a complaint with the government if they have grounds to suspect that their employer has broken the law or regulation. Additionally, the employee has the right to inform a coworker who supervises them of the offense.
Employees cannot be disciplined or fired by their employer for informing the government, a government agency, or a manager about a lawful infraction.
Similarly, an employer cannot prevent workers from cooperating with or testifying before a government department considers or brings legal action against the employer.
Finally, it is illegal for employers to discipline or fire workers for refusing to take part in illegal activity.
Wrongful termination occurs when an employer fires a worker for informing about illegal activity.
How to Proceed After Being Terminated
Wrongful termination may occur suddenly or gradually over time. In either case, the following advice is useful.
Record Everything
- Document what occurred, why you were fired, what your boss did or said, and how you were fired, even if you could be upset, shocked, or attempting to figure out what to do.
- Even if you cannot compile any official records or documentation, writing a thorough narrative of the incidents as soon as they occur can be helpful.
- These details are crucial for figuring out if your termination was unlawful. Additionally, if your case ever ends up in court, you can use your notes to refresh your memory before presenting your case.
Be respectful
- It is reasonable to be upset over the unfairness of having your employment terminated without cause. However, obtaining damages later would be more challenging if you lash against your boss and use foul language.
Stay Secure
- If you’ve been kicked out of a hostile situation, get out there immediately and safely. Once you’ve been fired, you’re not compelled to stay on. You are not legally compelled to do an exit interview or meet with anyone in person unless you have a contractual or employment agreement that specifies such.
Examine the Employment Agreement
- Examine any contracts or agreements you may have to see if there are any restrictions on when you can be fired. Even if your employer gives you what appears to be a valid basis for terminating your job, they may still breach the contract.
Speak With a Lawyer
- When you believe you may be unlawfully terminated soon, the best time to contact an attorney is before it happens. Unfortunately, it’s not always simple to anticipate unjust termination.
- If you know or think that you were unlawfully fired, the next best time to call a lawyer is right after following the termination.
- If your company fired you for improper reasons, you might be allowed to pursue compensation. Wrongful dismissal can have serious repercussions.
Make a Claim or File a Lawsuit
You might be able to sue your employer for damages if the evidence in your favor is solid. You may even be entitled to your old employment back.
The specific steps will vary depending on the kind of damage you sustained. In some circumstances, the employee must first submit an administrative complaint to a governmental body outlining the wrongdoing by their employer. In other situations, the employee has the option to launch a lawsuit right away in court.
Remember that there may not be much time left to submit a claim or lawsuit. Therefore, if you want to defend your rights after being fired, it is best to move fast.
Once more, talking to an experienced lawyer about your case can be a smart option to help you understand:
- When you must submit your claim or lawsuit.
- How strong is your case?
- What steps must you take?
- What evidence will you need?
- When should you reject settlement offers and ask for more?
Damage Awards in Lawsuits for Wrongful Termination
Employees who have been wrongfully terminated may be awarded monetary damages, exemplary damages, or in some circumstances, reinstatement to their prior position.
Monetary damages could include back pay for the victim of wrongful termination. This would reimburse employees for the wages they would have earned from the time they were fired, right up to the present day. The benefits an employee missed out on after being fired could also be compensated.
Exemplary, or punitive damages, come into play when an employer is found guilty of malicious or extremely reckless behavior. A judge would order a company to pay a penalty. The penalty is meant to punish the company and hopefully convince them not to engage in this behavior again.
Punitive damages are meant as a punishment, but the victimized employee would receive the penalties that would be paid.
Contact a California Wrongful Termination Lawyer
Maison Law of California offers a free consultation to any workers who feel they’ve been wrongfully terminated by their employer. This consultation is completely confidential and your employer would not know about it.
It’s a no-risk way to find out if you should be seeking financial support from your company. It’s also a good chance to learn how much in support your employer may have to provide you with.
Our California labor attorneys have extensive knowledge of state and federal employment laws and we use that knowledge to the benefit of our clients. Don’t face your frustration and worry alone after you’ve been mistreated by your company. Allow a California Labor and Employment Law Attorney to build a strong case and reclaim what’s been taken from you.
Additional Resources:
- Wrongful Termination Due To Discrimination in California
- FEHA Violations and Retaliation
- Whistleblower Retaliation
- Implied Contract Violations
- At-Will Employment Laws
- Employee political speech outside of work
- Retaliation for qui tam law suit
- Reasonable accommodation for workers with disability
- The California WARN Act
- Wrongful Termination Due to Retaliation in California
