What Constitutes Wrongful Termination Under California Law?
California is an “at-will” employment state, which means that an employer can generally terminate an employee at any time, with or without cause. However, this doesn’t give employers free rein to fire workers for unlawful reasons. When a termination violates state or federal law, breaches an employment contract, or contradicts public policy, it may be considered wrongful termination.
Understanding At-Will Employment
Under California’s at-will doctrine, employers are not required to provide a reason for firing an employee. However, exceptions exist to prevent abuse of this flexibility. Employers cannot fire someone for reasons that are discriminatory, retaliatory, or otherwise illegal. Employees fired under such circumstances may have grounds to file a wrongful termination claim.
Examples of Wrongful Termination
Wrongful termination can take many forms. Common examples include:
- Firing an employee for reporting workplace harassment or discrimination
- Termination in retaliation for whistleblowing or filing a labor complaint
- Letting go of an employee due to their race, gender, age, religion, or disability
- Dismissal while on protected leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA)
- Termination that violates an employment contract or company policy
Discrimination and Retaliation Protections
California and federal laws prohibit employers from firing employees based on protected characteristics such as:
- Race, color, or national origin
- Sex, gender identity, or sexual orientation
- Religion
- Disability or medical condition
- Age (if over 40)
- Pregnancy or parental status
Additionally, laws protect employees from retaliation for engaging in legally protected activities. This includes reporting illegal conduct, participating in investigations, or taking family or medical leave.
When to Contact a Lawyer
If you believe your firing was illegal, it’s essential to speak with an experienced employment attorney as soon as possible. A lawyer can help you gather evidence, file a claim with the appropriate agency, and determine whether you have a valid wrongful termination case.
Next Steps
Before suing your employer, you may need to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), depending on the circumstances. Deadlines apply, so acting quickly is critical. An attorney can help ensure your claim is filed properly and on time.
Conclusion
Although California is an at-will employment state, employees are not without rights. If your termination was motivated by discrimination, retaliation, or another unlawful reason, you may be entitled to legal remedies. Understanding what constitutes wrongful termination is the first step toward protecting your rights in the workplace.