Losing your job suddenly is a trauma-filled experience. But wrongful termination does happen every day. According to the Center for American Progress, wrongful termination has been experienced by one in five workers at some point in their work life in the United States.
There are wrongful termination laws in California to protect employees. Before we get into these laws, though, let’s discuss wrongful termination in general and look at some of the reasons for wrongful termination in California.
Discrimination as Grounds for Wrongful Termination
Wrongful termination lawyer Jeffrey D. Fulton says that you can file for wrongful termination if you believe your employer fired you due to discrimination. This ground refers to an individual’s characteristics that should be protected, such as race, gender, age, disability, or religion.
There are federal and state laws in California that prohibit employers from discrimination. In this case, employees are entitled to seek legal redress if they think they have been illegally terminated. According to the Federal Civil Rights Act of 1964, it is unlawful for any employer to defame or discriminate against an employee because of their membership in a protected class.
As the employee, you must prove that you are under unfavorable treatment at work due to discrimination compared to other employees in a similar situation. As the burden of proof lies on the employee in a wrongful termination case, it is best to consult the U.S. Equal Employment Opportunity Commission (EEOC) first or a pertinent state agency such as the California DFEH before taking any legal actions.
You need direct evidence to prove your claim of discrimination. It can be a discriminatory statement or conduct from the employer or indirect evidence that demonstrates discrimination against you.
Hiring an experienced employment lawyer can provide you with clarity and guide you in taking the necessary steps to address wrongful termination.
Retaliation and Wrongful Termination
California recognizes retaliation as a legitimate cause for wrongful termination lawsuits. Retaliation claims arise when either party engages in the exercise of protected rights and rights are taken away or the other party instigates retaliation. California law forbids retaliatory acts by an employer against employees choosing to stand up for their rights: filing claims for discrimination or harassment, participating in an inquiry, or reporting an illegal act.
Proof needs to be established that either party was engaged in some kind of protected activity; adverse employment action was taken against said party by the employer; and that there was an actual causal link between the protected activity and adverse employment action.
If you end up being terminated after complaining about discrimination, or refusing to participate in illegal activities, or asking for an accommodation for a disability, you have a bigger chance to win a case against your employer.
Again, the burden of proof is in the hands of the employee and you need to show that retaliation has actually occurred. Gather every shred of evidence that can possibly help your cause, including emails, witnesses, performance reviews—anything that shows the steps taken against you.
Violations of Public Policy and Wrongful Termination
Another important consideration with wrongful termination cases in California involves violations of public policy. It is against California law to dismiss an employee for reasons that violate public policy.
Public policy refers to commonly held norms and values that society considers paramount to its well-being. Termination of an employee against public policy could well constitute wrongful termination.
Some examples of public policy violations are retaliating against employees for reporting workplace safety violations, resisting illegal acts, and refusing to grant protected medical leave.
Public policy violations may be implied or express. An express public policy violation would be a situation where a specified statute or regulation was violated; for instance, if the employee was fired for reporting sexual harassment. Implied public policy, however, is that general public policy concept that forbids termination where no pertinent statute or regulation exists.
If you believe your termination was a violation of public policy, you should seek the advice of an employment attorney to review your options.
Wrongful Termination Based on Contract Breach
If you wonder whether termination is wrongful due to a breach of the employment contract in California, the first procedure would be to analyze the employment contract. It is the legal agreement executed and signed by each party, employer and employee, stating the rights and obligations held by each. Hence, if an employer terminates one against such terms, it could amount to a wrongful termination.
California employers are obligated to adhere to the terms in the employment contracts, including termination provisions. The defendant employer’s breach of the terms may therefore give rise to a wrongful termination claim for breach of contract.
Some common situations in which someone might find themselves litigating wrongful termination because of breach of contract are as follows:
- Where the employer terminates prior to the expiry of the contract term.
- Where the employer terminates without specifying the required period of notice.
- Where the employer terminates without following some termination procedure as stipulated in the contract.
If you believe that your termination was wrongful as an act of breach of your employment contract, it is advised that you retain the services of an experienced employment law attorney who will evaluate your matter and then guide you through the pursuance of a wrongful termination by breach of contract claim.
Exceptions to At-Will Employment and Wrongful Termination
Wrongful termination is a departure from the exceptions to the at-will employment doctrine. California being an at-will state, in general, remembers that the employer can terminate an employee for any reason or no reason at all; however, certain exceptions exist.
One is an implied agreement between employer and employee preventing the former from lawfully terminating the latter. An implied-in-fact contract is formed when employment promises—job security—are made by the employer, either orally or in writing. If an employee can establish the existence of an implied contract, the employee might have a valid claim of wrongful termination if it is breached by the employer.
The second exception is when termination policies go against public policy. California law prohibits employers from terminating employees for any reasons that are illegal or against public policy. One such case: The termination can’t happen when the employee reports illegal activity or, for that matter, refuses to participate in illegal conduct.
Any given situation in which the employee is fired for these reasons might make a case for wrongful dismissal. Don’t hesitate to exercise your rights as an employee.
