|Ottinger Employment Lawyers
555 W 5th St 35th Floor
Los Angeles, CA 90013
Additional hours by request.
|Ottinger Employment Lawyers
535 Mission St
San Francisco, CA 94105
Additional hours by request.
An Employee’s Guide to Wrongful Termination Suits in California
Wrongful termination occurs whenever an employee is fired for an illegal reason. But that begs the question: When is a termination illegal in California?
Let’s walk through how the law defines wrongful termination, what it looks like in California, and what next steps are available for workers who think they have a case.
What is Wrongful Termination in California?
Unlawful termination in California constitutes wrongful termination when an employer discriminates against employees based on age, disability, or pregnancy. Employees have legal recourse to sue former employers for wrongful termination, seeking justice under California employment laws.
In California labor law, wrongful termination in violation of public policy refers to the termination of an employee when the employer dismisses them for exercising a legally protected right or fulfilling a legal duty, as long as that right or duty is linked to a significant public policy concern within the state.
If you believe you’ve been wrongfully terminated in California, you may have grounds to take legal action against your former employer.
If you believe you’ve been wrongfully terminated in California, you have legal options. To pursue a wrongful dismissal claim, you must demonstrate that your employer terminated you in violation of California labor laws or public policy.
For an employee to have grounds for a wrongful termination lawsuit, they must be able to show that their boss has broken the law in some way by firing them.
This is not always easy to do because most people are employed “at will.” This means that you can quit your job at any time, for any reason, and that you can be fired at any time, for any reason.
So employers are free to fire employees as long as they don’t violate the various employee rights laws that exist. Below, we explain some of the most important of these employment laws.
When is it Illegal to Fire Someone in California?
The situations that make a firing a case of unlawful termination are much narrower than workers expect — but they still do happen. Here are some of the common situations where your termination is considered illegal in California.
Breach of Contract
Some people have employment contracts that provide job protection by limiting when and how they can be fired. These agreements typically state that the employee can only be fired for “good cause” and define what conduct constitutes “cause.”
In these situations, the employer’s reason for terminating the employee must fit the agreement’s description of what is considered good cause. If the termination reason does not fit the description, the employee can sue for breach of contract.
Breach of Covenant of Goof Faith and Fair Dealing
All legal contracts include an “implied covenant of good faith and fair dealing.” This means that when two parties sign a contract, they implicitly promise that they won’t do anything to unfairly undermine the other party’s ability to receive the benefits of the agreement.
This includes not intentionally misleading the other party, or taking any actions that would give them an unfair advantage over the other in the fulfillment of the contract.
In an employment context, this means that an employer has a basic obligation to cooperate with its employees to allow them to accomplish their duties.
Lies, evasions, deliberate inaction, lack of communication, and other forms of interference or obstruction are all potential breaches of the covenant of good faith and fair dealing.
If you’re fired under these circumstances, you could have a claim for wrongful termination in California.
Retaliation of Complaints of Sexual Harassment
Workplace sexual harassment is considered an illegal form of employment discrimination.
Your employer has an affirmative duty under California law to maintain a work environment free of sexual harassment — and if they don’t, you have a legal right to report them for failing in their duty.
It’s also illegal for your employer to fire you for reporting or complaining about sexual harassment, whether it’s directed at you or at someone else.
Taking adverse actions against someone who reports or participates in a sexual harassment investigation is considered retaliation, and it’s prohibited under California law.
If your firing is instigated by your participation in a sexual harassment proceeding, it could be grounds for an unlawful termination suit.
Retaliation for Taking Family or Medical Leave
Your employer can’t fire you for taking or inquiring about family medical leave.
California law protects employees against retaliation by employers for using accrued sick leave for diagnosis, care, or treatment of an existing health condition, or for preventative care for the employee or an employee’s family member.
In fact, if you request to use paid sick leave and are fired within 30 days of your request, California law presumes that this is a case of wrongful termination.
The burden then falls on your employer to prove that the reason for your termination was something other than your request for or use of sick leave.
If you work for an employer covered by one of these laws, you are entitled to take up to twelve weeks of leave for your own or a family member’s serious health condition.
If you are terminated while on FMLA leave or within 90 days of returning from FMLA leave in California, again, the law will presume that this is a wrongful discharge, and your employer must prove that they didn’t fire you for that reason.
It’s also illegal for your employer to fire you for any kind of “whistleblowing” — in essence, for reporting them for a violation of local, state, or federal laws, rules, or regulations.
For instance, if you report a health or safety hazard at your job, and your boss fires you in response, that would be a case of wrongful termination.
Retaliation for Complaining About Wage Law Violations
Similarly, your employer can’t fire you for filing complaints about any infractions of wage and hour regulations under California’s state Labor Code.
Workers are protected from retaliation for filing claims with the Department of Industrial Relations for unpaid wages, as well as exercising any rights, whether on your own behalf or for other employees, that are protected by the California Labor Code.
Termination based on a worker’s pregnancy status is another example of unlawful firing.
Under the California Fair Employment and Housing Act and the Pregnancy Discrimination Act, employers can’t fire an employee based on their decision to become pregnant or due to complications or requests due to pregnancy-related medical issues.
If you request workplace accommodations related to your pregnancy, including leave, and are denied or terminated as a result, this would also constitute unlawful pregnancy discrimination.
Discrimination Against a Protected Class
California’s civil rights law prohibits companies with five or more employers from discriminating against workers in hiring based on certain personal characteristics.
All the individuals who share those characteristics are collectively called a “protected class.” If your firing is based on your membership in a protected class, then it can be considered wrongful termination and grounds for a suit.
Protected classes recognized in California are:
- National origin,
- Age (if over 40),
- Genetic information,
- Marital status,
- Sexual orientation,
- Gender identity,
- AIDS/HIV positive status,
- Medical condition,
- Political activities or affiliations,
- Military or veteran status,
- Victims of domestic violence, assault or stalking, or
- Citizenship status.
Certain cities may also include additional protected classes. For instance, in San Francisco, it’s also illegal for employers to discriminate based on a worker’s height and weight.
Violation of Public Policy
Under California law, employers can be sued for wrongful termination for firing employees who are exercising their legal rights, duties, or acting out of obligation to the greater public. This happens when a worker is fired for:
- refusing to violate a statute
- performing a statutory obligation
- exercising a statutory right or privilege
- reporting an alleged violation of a statute of public importance.
For example, it’s illegal to fire someone for taking time off to serve on jury duty, since that is a legal obligation. You also can’t be fired for refusing to break the law on your employer’s behalf, such as by committing fraud.
The circumstances for this violation must potentially impact the public at large in some way, not just involve the personal interests of the worker and employer.
Other Forms of Retaliation and Discrimination
There are a number of other more specific circumstances where your firing could be considered unlawful retaliation and/or discrimination if it’s linked to other circumstances protected under California labor law.
For instance, seeking lactation accommodations, requesting benefits entitled to victims of certain crimes, or serving as a volunteer firefighter.
What to Do if You’ve Been Fired Illegally in California
Workers who have been terminated under some of these specific circumstances can seek legal recourse by suing their former employer.
If a court finds that your firing is a violation of California law, you could be entitled to financial recovery in the form of damages.
A successful suit can bring compensatory damages for the employee, which aim to provide restitution for lost wages, benefits, or emotional distress from their firing, as well as payment of court fees.
In some cases, courts may also assign punitive damages to a company in the case when the impact of their violation is especially egregious.
If you suspect that you’ve been fired under illegal circumstances in California, consult with an employment lawyer who can assess your case.
An experienced wrongful termination lawyer can evaluate your situation, help you navigate your options for restitution under the law, and advocate on your behalf in court.
Ottinger Employment Lawyers has been assisting workers who’ve suffered wrongful termination to get the recovery they deserve for over two decades.