Wrongful termination in California is an often-misunderstood concept. Because California is an “at-will” employment state, employees can have their employment terminated by their employer at any time without warning. However wrongful termination occurs when an employee is considered to be part of a protected class of individual or the termination was in retaliation for reporting a violation in the workplace. Facing wrongful termination can be a difficult proposition but with an experienced California legal team on your side it can make the process much easier.
Maison Law is proud to stand with California employees that have been wrongfully terminated by their employer.
How is Wrongful Termination Handled in California?
California law is very clear when it comes to wrongful termination. Codified in Section 1102 of the California Labor Code wrongful termination occurs when an employer retaliates against an employee for taking any of the following actions:
- Complain, report, or participate in an investigation about workplace harassment or employment discrimination.
- Request reasonable accommodations for a disability or religious beliefs.
- Report violations of law or policy.
Wrongful termination also occurs in California if it has been based on discrimination in connection with an employee’s:
- Age
- Gender
- Race
- Disability
- Ethnicity
- Pregnancy
- Military status
- National origin
- Religion or other protected status
In addition, victims of domestic violence also enjoy protection from wrongful termination. Employers cannot terminate, discriminate or retaliate against these employees who have been victims who require time off work to obtain relief. Another important facet of this law is that it is not limited to termination alone. If the employer creates a hostile work environment in retaliation for an employee standing up to discrimination or harassment to the point that the employee has to quit-known as “constructive discharge”-, wrongful termination protections still apply.
Retaliation in California Workplaces
Being harassed or discriminated against in the workplace is difficult enough on its own. But when your employer fails to correct the action and instead punishes the employee for bringing the unlawful practices to light, the situation turns into something very different. Sometimes, it can be difficult to recognize retaliation in the workplace. Other times, it can be so overt and blatant that the work environment becomes intolerable. Chances are, though, retaliation will take the following forms in the workplace:
- Demotion – The employee’s status is lowered, work assignments are removed, or they are moved to a lower position.
- Pay cuts or loss of hours – When an employee’s pay is cut or they see their regularly scheduled hours reduced.
- Exclusion – When the employee is intentionally kept out of staff meetings, not provided training, or otherwise not being included in activities made available to fellow employees.
- Reassignment – This happens when the employee’s job duties are reassigned or altered in a way that causes them hardship.
- Termination – Being fired.
In most cases, retaliation will occur gradually. Still, as the employee becomes aware of differential treatment, they should begin to prepare themselves for what they can do in the event they are ultimately terminated illegally. This is where our experienced California employment lawyers can help.
Building a Wrongful Termination Case in California
The key to a wrongful termination case is showing a link between the employee’s protected class or activity-complaining about discrimination or harassment-and the employer’s retaliation because of it.
Building a case starts with providing evidence. Employees should make sure to keep any documentation relating to their complaints, including emails, text messages, or written reports. Providing a paper trail will be important evidence to show that the complaints were made and that the employer chose to take no action to correct it. From there, any evidence of retaliation should also be documented. The employee should keep track of changes in work schedule, pay, or job duties to show that the employer was punishing them for their complaints.
In a wrongful termination lawsuit, California employees can pursue compensation in the form of damages from your employer. In many cases, they may be entitled to:
- 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. It’s also important to understand that wrongful termination claims are time-barred in California, with a three-year statute of limitations from the date of termination to bring a claim. That’s why it’s imperative to contact our office as soon as possible if you believe you have been wrongfully terminated.
Experiencing Retaliation in the Workplace? Our California Employment Lawyers Can Help
At Maison Law, we strive to listen without judgment, explain legal rights, and help California employees explore options for compensation in a wrongful termination case. Our accomplished employment lawyers have a proven system of getting results. We will investigate your case, gather evidence, interview witnesses, and work to build the strongest possible case for damages. More importantly, stand with you every step of the way to offer much-needed counsel, protection, validation, and support. To get started with a free consultation, contact our office today.
