California Wrongful Termination Laws: All You Need to Know

Losing a job is never easy, particularly if you were fired from the job and you feel as though the termination was unjust. In cases of wrongful termination, there is often a violation of your rights, which may entitle you to file a claim against your former employer. However, understanding what constitutes “wrongful termination” may help you decide if you should seek the aid of an attorney.

What Is Wrongful Termination?

Because California is considered an at-will state, employees can leave their job at any time, and employers can terminate an employee whenever they want. However, this does not mean that your legal rights are also terminated.

Because California policies, statutes, and regulations protect employees, the phrase “wrongful termination” is applied when these public policies are violated. Under the Labor Code, employees are protected against discrimination based on:

  • Gender
  • Age
  • Race
  • Disability
  • Sexual orientation
  • Marital status

Therefore, if an employee is fired because of an identifier that does not pertain to the performance of their job, the employer is in violation of public policy. Other examples of wrongful termination include the following situations:

  • You were fired because you brought a same-sex partner to a company function.
  • Unwilling to grant maternity leave, the employer fires you because of your pregnancy.
  • You are fired for wearing religious apparel at work.
  • You brought illegal activity, such as sexual harassment, to the attention of your boss and were then fired as a result.

There are many other situations that can be classified as wrongful termination.

All employees are protected against wrongful termination if they:

  • Work at the company with set hours.
  • Perform work that is part of regular business.
  • Have received proper training from the company.
  • Are compensated with an hourly wage or salary.

Employees that are considered independent contractors are not protected from wrongful termination.

What Defines Wrongful Termination

Both California and the federal government protect employees from wrongful termination through various laws, at least one of which would have to be violated to qualify for a claim. The laws include:

  • The Civil Rights Act of 1964. This law protects employees during the hiring, promoting, and firing stages of employment. They may not be discriminated against because of race, color, religion, sex, or national origin.
  • The Federal Age Discrimination Act. This law protects employees who are 40 years of age or over from discrimination based on age for hiring, discharge, compensation, promotion, or other conditions, terms, or privileges of employment.
  • Family and Medical Leave Act. This provides certain employees with up to 12 weeks of leave per year. Although it is unpaid, your job is protected during that time. It also protects them from losing their jobs due to medical issues.
  • California Family Rights Act. Like the federal leave act, this protects employees by providing them with unpaid, job-protected leave for up to 12 weeks to care for themselves or family members with serious medical conditions. This includes bonding with a newborn child.

Types of Wrongful Termination

There are several classifications for wrongful termination, making it difficult to recognize. In some cases, the termination is both lawful and wrongful, which may cloud the options you think you have. Types of wrongful termination include:

  • Mixed motive termination. These situations mean that the employer has both lawful and unlawful reasons to terminate employment. However, it is considered wrongful termination if the unlawful portion is the substantial reason.
  • Constructive discharge. This employer-created situation seeks to force out an employee. The employer creates working conditions that are so intolerable that the employee feels that they have no choice but to resign. While an employee is protected from intolerable working conditions, they are not protected from stress, as that is a part of any job. An employee must show that the conditions were unusually intolerable, and any reasonable person would resign. They must also prove that the employer had knowledge of the conditions but intentionally did nothing about them to force out the employee.

Steps After Wrongful Termination

If you feel you have been a victim of wrongful termination, there are key steps you should take to protect yourself.

  1. Gather information. Gather all the evidence and information that you can about your employment. This includes documents, emails, text messages, videos, eyewitnesses, and anything else that could help prove wrongful termination. Write down an account of the events and situations that led to your termination.
  2. Get legal advice. Consult with an attorney who is experienced in employment law.
  3. File the claim. With the guidance of your attorney, take the necessary legal steps to submit a legal claim against your former employer. Your attorney will help you decide if the case should be filed in state or federal court.

FAQs

Q: What Qualifies as Wrongful Termination in California?

A: Wrongful termination occurs when an employee is forced to leave their job due to intentionally created intolerable working conditions or is denied medical leave as defined by law. Wrongful termination also applies if the termination was due to an identifying quality that is unrelated to the job, such as:

  • Age
  • Sex
  • Gender
  • Race
  • Sexual orientation
  • National origin
  • Religion

Q: What Is the Average Wrongful Termination Settlement in California?

A: Each claim is unique, and the amount that a person is entitled to will vary. However, the average award for wrongful termination cases is less than $70,000. Most settlements, however, are confidential, and therefore the average is based on the data available. An employment attorney can help you determine the compensation that you can seek for your case.

Q: How Do I Prove Wrongful Termination in California?

A: Wrongful termination is proven through the evidence. In many claims, this involves producing recorded communications such as emails or voicemails, eyewitness accounts from fellow employees who can verify the information, and company employment data that can show a history of harassment or discrimination. Any information gathered while employed should be dated, the location noted, and any participants in the conversation or incident listed.

Q: Can an Employer in California Fire You for No Reason?

A: In a sense, yes. California is considered an at-will employment state, which means that an employee and an employer may terminate employment at any time. However, they may not do so based on prejudice, discrimination, or harassment. A wrongful termination lawyer can help you determine if you have a case for wrongful termination.

Employment Attorney

If you feel that you have been the victim of wrongful termination, seek the help of a knowledgeable and trusted employment attorney. They can review the facts of your claim and help you seek any compensation you may be entitled to. Contact the Law Offices of Corbett H. Williams today.

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The Law Offices of Corbett H. Williams is always prepared to get clients started down the road to a more secure future. Take the first step and contact the firm today. The attorney will take care to answer questions and help decide what the most effective next step can be.