Introduction
California has some of the strongest employee protections in the U.S. If you have been wrongfully terminated you may have legal grounds to take action against your employer. Understanding California’s wrongful termination laws can help you determine if you were unlawfully fired and what steps you should take next.
This article explores what constitutes wrongful termination in California, your rights as an employee and how to take legal action against an unfair dismissal.
What is Wrongful Termination in California?
Wrongful termination occurs when an employer illegally fires an employee in violation of state or federal laws, public policy or an employment contract. In California the most common types of wrongful termination include:
1. Discrimination-Based Termination
Under California’s Fair Employment and Housing Act (FEHA) it is illegal to fire an employee based on:
- Race color or national origin
- Gender sex or sexual orientation
- Age (40 and older)
- Disability (mental or physical)
- Pregnancy or medical condition
- Religion
Employers who fire workers based on these factors can face serious legal consequences.
2. Retaliation for Exercising Employee Rights
California protects employees from retaliation when they engage in legally protected activities such as:
- Filing a complaint for workplace discrimination or harassment
- Reporting workplace safety violations (whistleblowing)
- Requesting medical or family leave under the California Family Rights Act (CFRA)
- Filing a workers’ compensation claim
3. Breach of Employment Contract
If an employee has a written or implied contract guaranteeing job security an employer cannot terminate them without cause. Wrongful termination lawsuits can be filed if the employer violates contract terms.
4. Violation of Public Policy
Employers cannot fire employees for reasons that violate public policy such as:
- Taking time off for jury duty
- Voting in an election
- Refusing to engage in illegal activities at work
At-Will Employment in California
California is an at-will employment state meaning employers can fire employees at any time for any legal reason. However wrongful termination exceptions exist and employers cannot fire employees for unlawful reasons listed above.
Steps to Take After Wrongful Termination in California
If you believe you were wrongfully terminated take the following steps:
1. Gather Evidence
Collect any documents related to your employment and termination such as:
- Termination letter
- Employment contract (if applicable)
- Performance reviews
- Emails or messages related to the firing
2. File a Complaint with the California Civil Rights Department (CRD)
California employees can file a wrongful termination claim with the CRD (formerly DFEH) if discrimination or retaliation was involved.
3. Consult a Wrongful Termination Lawyer
A lawyer can evaluate your case, determine if your firing was unlawful and help you file a claim or lawsuit against your employer.
4. Consider Legal Action
If an employer refuses to settle your lawyer may help you file a wrongful termination lawsuit in California Superior Court to seek compensation.
Compensation for Wrongful Termination in California
Victims of wrongful termination may be entitled to:
- Lost wages and benefits
- Emotional distress damages
- Punitive damages (if employer acted with malice)
- Attorney fees and court costs
Conclusion
If you believe you have been wrongfully terminated in California, knowing your legal rights is crucial. State laws protect employees from discrimination retaliation and unfair dismissals. Consulting a wrongful termination lawyer can help you take the right legal action and recover damages for your unjust firing.