Updated on: 6/21/2023
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short explanation: Wrongful termination under California law refers to the illegal or unjustifiable termination of an employee’s employment contract, in violation of state and federal laws, which can include reasons such as discrimination, retaliation, or breach of employment agreements.
Wrongful Termination happens when someone is fired from their job in a way that breaks the law. It means being fired for reasons that are unfair or against the rules.
In California, this can include situations where someone is fired because of their race, gender, religion, disability, or other protected characteristics.
It can also be wrongful termination if someone is fired as a way of punishing them for standing up for their rights or reporting something wrong happening at work. Wrongful termination means losing your job in a way that is not right or fair according to the law.
What are Wrongful Termination Examples?
Below is a list of 15 common examples of wrongful termination:
- Termination based on an employee’s race or ethnicity.
- Firing an employee because of their gender or sexual orientation.
- Wrongful termination due to an employee’s religion or religious practices.
- Retaliatory termination for reporting workplace harassment or discrimination.
- Firing an employee for taking legally protected medical leave or requesting reasonable accommodations for a disability.
- Termination as a form of retaliation for participating in a union or engaging in collective bargaining activities.
- Wrongful termination based on an employee’s age (age discrimination).
- Firing an employee because they blew the whistle on illegal activities or violations of law within the company.
- Termination due to an employee’s political beliefs or affiliation.
- Retaliatory termination for asserting rights under the Family and Medical Leave Act (FMLA).
- Wrongful termination based on an employee’s pregnancy or related medical conditions.
- Firing an employee because they requested overtime pay or complained about wage and hour violations.
- Termination due to an employee’s military service or obligations.
- Retaliatory termination for taking legally protected actions, such as filing a workers’ compensation claim.
- Wrongful termination based on an employee’s national origin or immigration status.
Please note that these examples are not an exhaustive list, and there may be other circumstances where wrongful termination can occur.
What are the Top 5 Most Common Wrongful Termination Lawsuits?
Below are five common types of wrongful termination that employees frequently pursue:
- Discrimination: Wrongful termination claims based on discrimination occur when an employee is fired due to their race, gender, age, religion, disability, or other protected characteristics. Discrimination claims are prevalent and can arise from various contexts.
- Retaliation: Retaliation claims arise when an employee is terminated as a form of punishment for engaging in protected activities such as reporting workplace misconduct, filing a complaint, or participating in an investigation or lawsuit against the employer.
- Breach of Contract: Breach of contract claims involve situations where an employer terminates an employee in violation of an employment contract, whether it’s an explicit written agreement or an implied contract based on company policies or assurances made to the employee.
- Whistleblower Retaliation: These claims arise when an employee is fired in retaliation for reporting illegal activities, violations of laws or regulations, or other wrongdoing committed by the employer or its representatives.
- Violation of Public Policy: Wrongful termination claims based on violation of public policy occur when an employee is fired for reasons that go against fundamental societal policies, such as terminating an employee for refusing to engage in illegal activities or exercising a statutory right.
It’s important to note that the prevalence of these types of claims may vary based on factors like geographical location, industry, and specific circumstances.
Example Scenarios of Wrongful Termination
Scenario #1 (Gender and pregnancy discrimination)
Sara, a female employee, was terminated from her position shortly after announcing her pregnancy.
Despite her consistent performance and positive reviews, her employer expressed concerns about her ability to fulfill her job duties due to pregnancy-related absences. No accommodations were offered, and Sara was abruptly let go.
This termination based on gender is a clear violation of anti-discrimination laws. Pregnant employees are protected from adverse employment actions based on their condition, and Sara’s termination was unjustifiable, as it stemmed solely from her gender-related circumstance.
She would have grounds for a wrongful termination claim based on gender discrimination and pregnancy discrimination.
Scenario #2 (Workplace retaliation)
John, an employee, reported his supervisor’s fraudulent activities to the company’s ethics hotline.
Soon after, John began experiencing a hostile work environment and received unfavorable performance reviews, despite his previously exemplary record. Ultimately, he was terminated for alleged performance deficiencies.
This termination is a clear case of workplace retaliation, as it directly followed John’s protected activity of reporting misconduct.
Retaliatory termination is illegal, and John would have grounds for a wrongful termination claim based on retaliation for engaging in protected whistleblowing activity.
Scenario #3 (Breach of contract)
Lisa had a written employment contract that guaranteed her employment for a specific duration of three years, unless terminated for specific reasons.
However, her employer unexpectedly terminated her employment after just one year without any valid grounds.
This termination violates the terms of the contract, constituting a breach of contract. Lisa can pursue a wrongful termination claim based on breach of contract, seeking remedies such as compensation for lost wages and damages resulting from the employer’s failure to fulfill the agreed-upon employment terms.
Scenario #4 (Violation of public policy)
Mark, an employee at a pharmaceutical company, refused to participate in the production of a new drug after discovering that it failed to meet safety regulations. His employer terminated him, citing insubordination.
However, Mark’s refusal to engage in the production of an unsafe drug was an act aligned with public policy and protection of public health.
His termination constitutes a violation of public policy, as he was fired for acting in the best interest of public safety. Mark could pursue a wrongful termination claim based on the violation of public policy.
How to Prove Wrongful Termination in California
To prove wrongful termination under California law, you generally need to show:
- You have a legally protected right, such as not being fired due to race, gender, or disability.
- You were let go from your job.
- There is a connection between the protected right and the termination, meaning you were fired because of that reason.
- There was no valid reason or justification for the termination.
- Evidence like documents, witness statements, or company policies can support your case.
After gathering this information, one of the easiest ways to prove you have a wrongful termination case is to speak with a qualified employment attorney.
Is it Hard to Prove Wrongful Termination in California?
Proving wrongful termination can be hard, as it requires establishing a connection between the protected right and termination, demonstrating lack of legitimate justification, and presenting evidence to support the claim.
However, with thorough documentation, legal guidance, and appropriate evidence, individuals can build a strong case to substantiate their claims.
How to File a Wrongful Termination Claim in California
If you believe you were wrongfully terminated from your job in California, you can take these steps to file a claim:
- Gather any evidence you have, such as emails, documents, or witness statements that support your case.
- File a complaint with a government agency, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
- The government agency will investigate your claim.
- Consider consulting an employment lawyer who can guide you through the process and help protect your rights.
- Act promptly, as there are time limits for filing a claim.
What Should You Not do After Being Wrongfully Terminated?
After being wrongfully terminated, there are a few things you should avoid doing:
- Do not engage in retaliatory behavior: It’s essential to refrain from taking any actions that could be perceived as retaliatory against your former employer or coworkers. This includes spreading false rumors, engaging in harassment, or any other form of misconduct.
- Avoid making hasty decisions: While it’s natural to feel upset and frustrated, it’s crucial not to make impulsive decisions that could harm your legal position or reputation. Take time to assess your options and consult with legal professionals before taking any significant steps.
- Don’t ignore deadlines: Wrongful termination claims have specific time limits for filing complaints or lawsuits. It’s crucial to be aware of these deadlines and take appropriate action within the prescribed time frames. Failing to do so may result in losing your right to pursue legal remedies.
- Avoid discussing the case publicly: It’s generally advisable to refrain from discussing the details of your case or making public statements about the wrongful termination. This can help protect the integrity of your case and avoid potential complications.
- Do not sign agreements without legal review: If your employer presents you with a settlement agreement or severance package, it’s essential not to sign it without consulting with an employment lawyer. They can help ensure your rights are protected and that you are not waiving any legal claims unknowingly.
Remember, each case and circumstance is different. If you have hesitations about your recent firing, get in touch with an employment attorney.
What Types of Damages Can You Receive from a Wrongful Termination Claim in California?
In a successful wrongful termination claim in California, you may be eligible to receive various types of damages. These can include:
- Lost wages: This includes the amount of money you would have earned from the time of termination until the resolution of the case. It may cover back pay, future lost wages, and lost employment benefits.
- Emotional distress: If you experienced emotional harm, such as anxiety, depression, or humiliation due to the wrongful termination, you may be awarded damages to compensate for this distress.
- Punitive damages: In some cases where the employer’s conduct was particularly egregious or intentional, punitive damages may be awarded. These are meant to punish the employer and deter similar actions in the future.
- Reinstatement: In certain circumstances, the court may order your employer to reinstate you to your previous position or a comparable one.
- Attorneys’ fees and costs: If you win your case, you may be entitled to reimbursement of reasonable attorneys’ fees and costs incurred during the legal process.
The specific damages you may receive will depend on the details of your case, including the nature of the wrongful termination and the evidence presented.
Why it’s Important to Act Promptly After a Wrongful Termination
Acting promptly after a wrongful termination is crucial for several reasons.
- You need to file your claim within certain time limits, known as the statutes of limitations in CA.
- Acting promptly preserves evidence and ensures accurate recollection of details, strengthening your case.
- Swift action demonstrates seriousness and commitment, influencing how your case is perceived.
- Prompt filing minimizes emotional distress and financial hardships caused by the termination.
- Taking immediate action allows you to seek appropriate remedies and move forward in a timely manner.
Get in Touch with a Lawyer
Understanding wrongful termination in California is essential for protecting employee rights. With various legal protections in place, employees have recourse if they experience unlawful termination.
By recognizing the signs of wrongful termination, gathering evidence, and seeking legal guidance, individuals can navigate the process and pursue justice for unfair treatment in the workplace.
If you’re ready to find out if you have a case, LawLinq is here to help. We can get you in touch with some of the best wrongful termination lawyers in the state of California. Give us a call and will get you situated with a top rated attorney in your area.
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