Losing a job is stressful, but if you believe you were fired unfairly, you may have legal recourse. Wrongful termination happens when a firing is based on illegal reasons or a breach of public policy. Because California has strong employee protections, it’s essential to understand your rights.
What Constitutes Wrongful Termination?
California is an at-will employment state. This means employers can generally terminate employees for any reason or no reason at all, as long as the reason is not illegal. However, at-will employment does not grant employers absolute power—employees are still protected from unlawful termination under both California and federal laws. Wrongful termination may occur when an employer’s decision to fire an employee is based on discrimination, retaliation, breach of contract, or violations of public policy.
Exceptions to At-Will Employment: Understanding Employee Protections
Despite at-will employment, various laws protect California employees from wrongful termination:
- Discrimination
The California Fair Employment and Housing Act (FEHA) prohibits termination based on protected characteristics, including race, religion, gender, age (40 or older), disability, sexual orientation, national origin, or pregnancy. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) further reinforce these protections. Other protections also exist under other federal, state, and local laws.
- Retaliation
Employers are prohibited from retaliating against employees for engaging in legally protected activities. Employers cannot fire workers for reporting illegal activities, filing discrimination or harassment complaints, or seeking workers’ compensation. California Labor Code §1102.5 explicitly prohibits retaliation against whistleblowers. Employees are also protected under California Labor Code §6310, which makes it unlawful for an employer to terminate a worker for reporting workplace safety violations. Other protections also exist under other federal, state, and local laws.
- Violation of Public Policy
Beyond discrimination and retaliation, employees cannot be fired for reasons that violate public policy. This includes termination for refusing to participate in illegal activities, taking legally protected leave under the California Family Rights Act (Cal. Gov. Code §12945.2), serving on a jury, or reporting labor law violations. Furthermore, if an employment contract specifies terms of employment, the employer must adhere to those conditions. Terminating an employee before fulfilling contractual obligations may also constitute wrongful termination.
How to File a Wrongful Termination Lawsuit
Employees who suspect wrongful termination should act promptly, as California imposes strict filing deadlines. California law imposes a statute of limitations, meaning you typically have a certain period of time to file a lawsuit. Most claims related to discrimination must first go through the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), which have shorter filing deadlines—typically within 180 to 300 days, depending on the circumstances. Understanding these deadlines is crucial to preserving your right to sue. To ensure you meet the statute of limitations that is applicable to your claim, you should promptly seek counsel as soon as you believe that a violation may have occurred.
The first step in filing a wrongful termination lawsuit is identifying the specific legal grounds for your claim—whether discrimination, retaliation, breach of contract, or another violation. After providing the reason for the termination, the individual should be prepared to provide supporting evidence and file a complaint with the appropriate agency, if applicable.
In California, wrongful termination claims based on discrimination, retaliation, or harassment generally must first be filed with the CRD or EEOC before proceeding to court. The CRD accepts complaints online, by mail, or in person. Once a complaint is filed, the agency will review the allegations and may conduct an investigation. If sufficient evidence supports the claim, the CRD or EEOC may find “cause” to believe you may have been discriminated against and may try to resolve the matter first through mediation or settlement. If the case is not resolved, or if no “cause” is found, the agency may also issue a “Right to Sue” letter, permitting the employee to file a lawsuit in court.
What Evidence Do You Need?
To succeed in a wrongful termination lawsuit, you’ll need to provide evidence to support your claim. This may include:
- Employment records: Employment contracts, performance reviews, disciplinary records, and emails relevant to the termination.
- Witness testimony: Statements from coworkers or other individuals who have knowledge of the circumstances surrounding your termination.
- Documentation of discrimination or retaliation: Voicemails, text messages, or other proof of improper conversations or comments that may prove discrimination or retaliation.
- Evidence of damages: Documentation of lost wages, emotional distress, and financial harm resulting from the termination.
Conclusion
While at-will employment is the standard in California, employers cannot fire employees for discriminatory, retaliatory, or other unlawful reasons. If you suspect wrongful termination, acting quickly to gather evidence and consult with an attorney is crucial to protecting your rights. If you need legal assistance, consider speaking with a member of our team for the next steps.
For more information, you can refer to California’s employment laws:
Contribution to this blog by Matthew Kee.