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How do I know if my termination was illegal?
Often, a termination from your job will feel unfair and/or unjust. But does that mean you were wrongfully terminated and have a case? Maybe.
The term “wrongful termination” is a technical legal term that has a specific meaning. In California, wrongful termination refers to the termination of an employee based on an illegal reason. And the word “illegal” is the operative word. A termination is “wrongful” when an employer fires an employee in violation of state or federal laws, employment contracts, or public policy.
Here are two main California statutes that list the illegal reasons that employer cannot use to terminate you.
California Constitution, Article I, Section 8 “A person may not be disqualified from entering or pursuing a business, profession, vocation or employment because of sex, race, creed, color or national or ethnic origin.”
Fair Employment and Housing Act (FEHA) “It is … unlawful … [f]or an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to … discharge the person from employment …” Government Code § 12940(a)
Here are some common situations that may constitute wrongful termination in California.
Discrimination Wrongful termination occurs when an employer fires an employee based on protected characteristics such as race, color, national origin, gender, religion, age, disability, sexual orientation, gender identity, or pregnancy. California law provides strong protections against discrimination in the workplace.
Retaliation Wrongful termination can occur if an employer fires an employee in retaliation for engaging in legally protected activities. These activities may include reporting workplace harassment or discrimination, filing a workers’ compensation claim, participating in union activities, or asserting your rights under labor laws.
Whistleblower Protections California law protects employees who report illegal activities or violations of the law within their organization. Wrongful termination can occur if an employee is fired for being a whistleblower.
Breach of Contract If you have an employment contract that outlines the terms and conditions of your employment, including the circumstances under which you can be terminated, wrongful termination may occur if your employer breaches the terms of the contract.
Violation of Public Policy Wrongful termination can happen if an employer fires an employee in violation of public policy. This can include firing an employee for refusing to engage in illegal activities or for asserting their legal rights in the workplace.
Family and Medical Leave Violations Wrongful termination can occur if an employer fires an employee for taking legally protected leave under the California Family Rights Act (CFRA), the federal Family and Medical Leave Act (FMLA), or other state and federal leave laws.
Wage and Hour Violations If an employee is fired in retaliation for asserting wage and hour rights, such as complaining about unpaid wages, overtime violations, or meal and rest break violations, it may constitute wrongful termination.
It’s important to note that California is an “at-will” employment state, which means that employers can generally terminate employees for any reason or no reason, as long as it is not illegal. However, wrongful termination cases are based on exceptions to this rule when termination violates applicable laws or public policy.
My employer keeps saying that I am “at will” employee. What does that mean exactly?
“At-will” employment is a legal concept that the employer (or the employee) can terminate the employment relationship at any time, with or without notice.
Unfortunately, some employers use the term “at will” to suggest that they can do whatever they want to in getting rid of an employee. That is absolutely not true. If the real reason the employer is firing based on an illegal reason, i.e., race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, or military and veteran status, then it does not matter that you are “at will” employee. You have a wrongful termination claim.