Wrongful Termination Law California

Our jobs are critically important to us. A job can provide financial security, a feeling of accomplishment, but most importantly of course, our jobs allow us to support ourselves and our families. Losing your job can be a devastating blow, both financially and emotionally – suddenly, the financial security and sense of well-being you have worked for is gone. A sense of outrage is more than appropriate if you have been terminated for an unlawful reason.

Perhaps you have been terminated despite a strong good work history and positive performance evaluations. Regardless of the excuses that your employer may offer, if you suspect that your termination might be wrongful, you need experienced legal counsel to determine whether your employer has violated California employment laws. The Law Offices of Corbett H. Williams can help.

Discrimination Claims

California law protects employees from termination on the basis of a number of personal characteristics including disability, pregnancy, gender, age, sexual orientation, political affiliation, religion and national origin. The following is a more complete list of characteristics that are protected under California employment law:

Age (40 and over)
Ancestry
Color
Religious Creed (including religious dress and grooming practices)
Taking of Family or Medical Care Leave

Disability (mental or physical)
HIV status
Marital Status
Medical Condition (including cancer and other diseases)
Genetic Information

Military and Veteran Status
National Origin (including language use restrictions)
Race
Sex
Pregnancy (including childbirth and breastfeeding)

Gender
Gender Identity
Gender Expression
Sexual Orientation

Retaliation Claims

California employment law also prohibits your employer from firing you in retaliation for exercising certain legal rights, including but not limited to:

Reporting unlawful conduct in the workplace to a government agency or to a supervisor (i.e., “blowing the whistle”).
Protesting or reporting violations of California employment law such as discrimination, harassment, wage and hour violations and unsafe work conditions.
Filing a workers’ compensation claim.
Requesting or taking leave for family or medical reasons, maternity, pregnancy, voting or jury duty.

Filing a claim with the California Labor Commissioner (the DLSE).
Joining a labor union or participating in union activities.
Engaging in political activities or uttering unpopular speech (obviously, there are exceptions to this one).

Implied Contracts

Most California employment relationships are considered “at will” employment relationships meaning that theoretically, your employer has the right to fire you at any time for any reason not prohibited by law. Other employees are protected by the terms of employment contracts that limit the grounds upon which they may be fired. Between these two extremes is the concept of “implied contract.”

When the principle of implied contract applies, it restricts the right of a California employer to terminate an employee who has not signed a formal employment contract. The employer may have distributed an employee handbook, for example, that lists grounds for termination, and this may imply that the employee cannot be fired absent these grounds.

“Constructive” Termination

Put succinctly, “constructive” termination occurs when your employer, rather than fire you and risk a lawsuit, makes working conditions so intolerable for you that you are strongly encouraged to quit. To win a wrongful termination claim based on constructive termination, you must prove that:
your employer had no right to termination you under California law; and
your employer’s acts and omissions created working conditions so intolerable that just about anyone would have quit because of them.

WARN Act Claims (Mass Layoffs)

California’s WARN Act applies to employers with 75 or more employees. It is triggered when a workplace is closed or relocated, or when an employer lays off at least 50 employees. The WARN Act requires your employer to provide you with 60 days advance notice before taking any of these actions. If your employer fails to give you 60 days’ notice, you can claim lost wages and benefits for one to 60 days (depending on the length of the actual notice period).

Damages

If you win your wrongful termination lawsuit, you could become eligible for the following types of damages:

Back pay and benefits, typically beginning on the date of your termination;
Emotional distress caused by the loss of your job;
Attorney’s fees; and
Punitive damages (designed to punish your employer).

Not every claimant is entitled to all of the types of damages listed above – most claimants do not receive punitive damages, for example.

My Other Areas of Practice

In addition to employment discrimination cases, I also handle the following types of claims:

Commercial litigation
Employment discrimination
Sexual harassment
Retaliation

Unpaid wages and overtime
Whistleblower retaliation
Medical and pregnancy leave
Class action lawsuits

In some cases, a wrongful termination claim will involve similar offenses such as sexual harassment or unpaid wages.

About Corbett H. Williams

Corbett H. Williams has been practicing law full time for over a decade. After graduating in the top three percent of his law school class, Corbett went to work for Jones Day, one of the world’s top law firms with offices in 19 countries. After five years at Jones Day, he moved on to a boutique law firm in Newport Beach, California, where he honed his litigation skills even further. His current practice centers on employment law and commercial litigation.

WHAT CAN CALIFORNIA EMPLOYEES DO?

If you are the victim of wrongful termination, you have rights under California law. Contact the Law Offices of Corbett H. Williams today at 949-679-9909 for a free consultation. You may also contact us by filling out our online contact form, and we will respond promptly.

Wrongful Termination in California