What Is Considered Wrongful Termination in California?

What is considered wrongful termination in California is an important question for employees who have lost their jobs under questionable circumstances. While California is an at-will employment state, meaning employers can usually terminate workers with or without notice, there are important exceptions. Employers are prohibited from firing employees for unlawful reasons, such as discrimination, retaliation, or violations of public policy.

Understanding when a firing qualifies as wrongful termination, and how to respond, helps California workers protect their rights and pursue appropriate remedies.

Hire a Wrongful Termination Lawyer

At Engels-Janzen, our attorneys bring extensive experience handling wrongful termination cases under California law. We understand the complexities of at-will employment and the exceptions that protect workers against unlawful firings.

Our team has successfully represented employees in claims involving discrimination, retaliation, and breaches of contract. Clients trust Engels-Janzen for clear legal guidance, strong advocacy, and a commitment to protecting their workplace rights through negotiation, agency filings, or litigation when necessary.

Discrimination-Based Wrongful Termination

A very common type of wrongful termination in California is firing an employee for discriminatory reasons. State and federal law make it illegal for an employer to fire an employee due to his or her race, gender, age, disability, religion, sexual orientation, or other protected characteristics.

The Fair Employment and Housing Act (FEHA) of California law extends more protective measures than federal law in this area. Any time an employer allows bias to play a role in a decision to terminate, that termination is against the law.

While discrimination can be easily spotted in some cases, it can be more subtle in others. Sudden changes in performance reviews or negative comments can be evidence of a wrongful termination, as can being replaced by a less qualified person.

Retaliation Against Protected Activities

Employers also cannot fire workers for exercising a legally protected right, such as reporting safety violations, filing wage or hour claims, requesting family or medical leave, or whistleblowing on illegal business practices. Retaliation in the workplace is illegal in California, but common. Proving wrongful termination requires showing a connection between the firing and protected activities through timing evidence and employer conduct implying retaliation.

Breach of Contract and Public Policy Violations

Wrongful termination can also be based on an employer’s breach of an employment contract or public policy. A written contract promising not to terminate a worker or establishing conditions for termination cannot be superseded by at-will rules.

Employers cannot legally fire employees who refuse to engage in criminal activity or fulfill jury duty obligations since such actions violate public policy protections. Claims based on a violation of public policy must establish that an employer acted in a manner that violated laws protecting the employee.

Recognizing Signs of Wrongful Termination

It’s not always easy to tell if a firing was merely unjust or if it was actually illegal in California. Certain trends, though, frequently suggest a wrongful termination. In FY 2023, the EEOC obtained $665 million in relief for workers who faced discrimination on the job. Employees should be alert for these warning signs:

• Being fired soon after making a complaint or asking for medical or family leave
• Abruptly receiving negative performance evaluations after years of positive reviews
• Being replaced by a less qualified person who is not in your protected class
• Being fired after blowing the whistle or reporting illegal or unethical conduct
• Receiving comments that suggest discriminatory motives

FAQs

What Is Considered Wrongful Termination in California?

In California, a wrongful termination is a firing that contravenes state or federal laws. Although many employees are “at-will,” they cannot be terminated due to discrimination, retaliation, contract breach, or public policy reasons.

When one of these exceptions applies, the firing is illegal. Employees who believe their firing falls under these exceptions should collect proof and speak with an employment attorney about their rights and potential remedies.

How Do I Know if My Firing Was Discriminatory?

You may know that your firing was discriminatory if you were terminated due to your race, sex, age, disability, religion, or sexual orientation. Wrongful termination for discrimination may be evident by sudden bad performance reviews, hostile remarks, or your immediate replacement by someone outside of your protected class.

The California Fair Employment and Housing Act offers broad anti-discrimination protection. Documenting workplace patterns and speaking to an attorney can help you discern if discrimination was a factor in your termination.

Can I Be Fired for Reporting Workplace Misconduct?

An employee is not lawfully terminable for reporting a violation. In California, employees who report harassment, discrimination, safety violations, wage theft, or other illegal activities are protected from retaliation by the employer. If an employer terminates an employee for making a protected report, the termination may be wrongful.

An important factor in proving retaliation is a short period of time between the protected report and the termination. Remedies available to employees can include reinstatement, back pay, and/or emotional distress damages.

What Remedies Are Available for Wrongful Termination in California?

The available remedies in California for wrongful termination include reinstatement, front and back pay for lost wages and benefits, and emotional distress damages. Punitive damages may be awarded in particularly egregious cases. Recovery of attorney’s fees and litigation costs is also generally permitted by the courts.

These remedies can restore an individual’s financial stability, vindicate their employee rights, and punish an employer for unlawful activity. An attorney can provide guidance on what remedies are available for a particular case.

Contact a California Wrongful Termination Lawyer

Getting fired is an intimidating experience, and many California workers feel powerless in the face of their employers. California law, however, affords employees several significant rights and protections against unfair treatment in the workplace. Understanding what constitutes wrongful termination in California is the first step to protecting your rights as a worker.

Discrimination, retaliation, whistleblowing, and breach of contract are just a few situations where employees may have legal options to hold their employers accountable for their actions. At Engels-Janzen, our employment attorneys help clients understand their options for pursuing a claim, gathering the necessary evidence, and enforcing their rights by seeking reinstatement, back pay, or damages from the employer.

If you have been wrongfully terminated from your job, call Engels-Janzen today and hire a wrongful termination lawyer to discuss your rights and options for moving forward.