In California, wrongful termination claims are among the most serious employment issues faced by employees. Being wrongfully terminated can lead to financial distress, emotional trauma, and long-term career setbacks. If you believe that your termination violated your legal rights, you may be entitled to compensation. California has strict laws in place that protect employees from being fired for illegal reasons. Understanding what constitutes wrongful termination, the legal process for filing a claim, and the potential outcomes can help employees protect their rights and secure the justice they deserve.
Understanding Wrongful Termination
Wrongful termination occurs when an employee is fired for reasons that violate California state laws or the terms of a contract. In California, most employees are considered “at-will,” meaning their employer can terminate them for any legal reason or for no reason at all. However, this doesn’t mean employers have the right to terminate employees for illegal reasons. There are several key exceptions to at-will employment that may give rise to a wrongful termination claim. 
One major type of wrongful termination occurs when an employee is fired in violation of public policy. For example, if an employee is terminated for reporting illegal activity or for filing a workers’ compensation claim, that employee may have a legal claim against their employer. Similarly, employees cannot be fired for refusing to engage in illegal activities at their employer’s request. If an employer terminates an employee for reasons that violate public policy, the employee may be entitled to seek damages.
Another form of wrongful termination occurs when an employee is fired for discriminatory reasons. Under California law, it is illegal for an employer to terminate an employee based on their race, gender, sexual orientation, age, disability, religion, or other protected characteristics. Terminations based on discrimination are prohibited by both state and federal law. If an employee is fired due to their membership in one of these protected categories, they may have grounds for a wrongful termination lawsuit.
Breach of contract is another potential grounds for a wrongful termination claim. If an employee has a written contract that specifies the terms under which they can be terminated, and they are fired in violation of those terms, they may be able to pursue legal action. For example, an employee may have a contract that requires a certain procedure to be followed before they can be terminated, such as a performance review or written warning. If the employer fails to follow those procedures, the employee may have a valid wrongful termination claim.
California Law and Employee Protections
California provides strong protections against wrongful termination. The state has enacted several laws that safeguard employees’ rights in the workplace. These include both federal and state protections, and employers must comply with these laws when terminating an employee.
The California Fair Employment and Housing Act (FEHA) is one of the key pieces of legislation that protects employees from wrongful termination. FEHA prohibits discrimination, harassment, and retaliation in employment based on factors like race, color, national origin, sex, gender, sexual orientation, age, disability, religion, and more. Under FEHA, an employee cannot be fired because of these characteristics, and if they are, they may be entitled to compensation for damages caused by the unlawful termination.
The California Labor Code also protects employees from wrongful termination. For example, the law prohibits retaliation against employees who take family leave, request reasonable accommodations, or report unsafe working conditions. Employers cannot fire employees for exercising their legal rights, and employees who are fired for these reasons may be able to bring a claim against their employer.
At the federal level, employees are protected by laws such as Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) also provides protections for employees with disabilities. These federal laws are crucial in helping employees fight wrongful termination claims, especially when it involves discrimination or retaliation.
Proving Wrongful Termination
To successfully pursue a wrongful termination claim in California, employees must provide evidence that their termination was illegal. This can be a complex process, and the specific steps involved will depend on the nature of the claim. However, there are some general principles that apply to all wrongful termination cases.
First, employees need to document everything related to their employment, including their job performance, any relevant communications with their employer, and the circumstances leading up to their termination. This documentation can serve as valuable evidence in a wrongful termination lawsuit. Employees should also gather any relevant employment contracts, company policies, or written communications that may support their claim.
Second, employees must establish that the termination was unlawful. For example, if an employee claims they were fired due to discrimination, they will need to demonstrate that the employer’s actions were based on discriminatory motives. This can be done by showing that similarly situated employees of a different race, gender, or other protected characteristic were not terminated under similar circumstances. Employees may also need to show that they engaged in protected activity, such as filing a complaint about discrimination or requesting accommodations for a disability, and were fired as a result.
Third, employees must show that the termination caused harm. In many cases, this will involve proving that the termination resulted in financial losses, such as lost wages, benefits, or future earning potential. Additionally, employees may seek damages for emotional distress caused by the wrongful termination.
The Process for Filing a Wrongful Termination Lawsuit
Filing a wrongful termination lawsuit in California generally involves several steps. The first step is to file a complaint with the appropriate government agency, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims of discrimination, harassment, and retaliation in the workplace. If the agency finds that there is enough evidence to support the claim, it may issue a “right to sue” letter, which allows the employee to proceed with a lawsuit in court.
Once the right to sue letter is obtained, the employee can file a formal wrongful termination lawsuit in California Superior Court. The lawsuit will typically include claims for damages, including back pay, future lost wages, and emotional distress. In some cases, employees may also seek punitive damages if the employer’s actions were particularly egregious.
In many wrongful termination cases, the parties may attempt to resolve the dispute through alternative dispute resolution (ADR), such as mediation or arbitration. These methods can often result in a quicker resolution than going to trial. However, if a settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine whether the termination was wrongful and what damages are appropriate.
Wrongful termination can be a devastating experience for employees, leading to financial hardship, emotional distress, and career setbacks. Fortunately, California law provides strong protections against wrongful termination, and employees have the right to seek compensation if they are fired for unlawful reasons. If you believe you have been wrongfully terminated, it’s crucial to consult with an experienced employment attorney to explore your legal options. The attorneys at The Myers Law Group, APC are here to help you navigate the complexities of wrongful termination claims and fight for the justice you deserve.
If you believe you’ve been wrongfully terminated, the attorneys at The Myers Law Group, APC are ready to help you navigate the legal process. Contact us today to schedule a free consultation.