California Unfair Dismissal Lawyers

Unfair dismissal, also referred to as wrongful termination, occurs when an employer terminates an employee for unlawful reasons.

In California, employees have various rights and protections against unfair dismissal. These rights are rooted in both state and federal laws and are designed to protect employees from being fired for illegal reasons. Here is a comprehensive overview of the protections against unfair dismissal in California:

Common Legal Grounds for Unfair Dismissal Claims

California follows the “at-will” employment doctrine, meaning employers can terminate employees at any time for any reason, as long as the reason is not illegal.

Employers cannot terminate employees for reasons that violate state or federal laws. Below are the most common illegal grounds for dismissal in California:

1. Discrimination

It is illegal to fire an employee based on a protected characteristic, including:

• Race or color
• National origin or ancestry
• Gender, gender identity, or sexual orientation
• Pregnancy or breastfeeding
• Age (employees 40+)
• Disability or medical condition
• Marital status
• Religion or religious beliefs
• Military or veteran status

California’s Fair Employment and Housing Act (FEHA) and federal anti-discrimination laws protect employees from being fired due to these characteristics.

2. Retaliation

Employers cannot terminate employees in retaliation for engaging in protected activities, such as:

• Reporting workplace harassment or discrimination
• Filing a complaint with HR, the Equal Employment Opportunity Commission, or the California Civil Rights Department
• Reporting illegal activity or workplace safety violations (aka Whistleblowing)
• Participating in an investigation of the employer
• Taking medical or family leave

3. Violation of an Employment Contract

Employees who have a written contract stating that they can only be terminated for specific reasons are protected against dismissal that falls outside those reasons.

4. Refusing to Commit an Illegal Act

If an employer demands that you engage in illegal activities (such as falsifying records or committing fraud) and you refuse, they cannot legally fire you as retaliation.

5. Constructive Discharge or Dismissal

If your employer creates or permits intolerable working conditions that force you to resign, this could be considered constructive dismissal, which is legally equivalent to being fired. Examples of such intolerable working conditions include:

• Severe workplace harassment
• Intimidation or bullying
• Unjustified reduction in salary or job responsibilities
• Creating a hostile work environment

6. Public Policy Violation

An employer cannot fire an employee for reasons that violate California’s public policy. This includes termination for:

• Refusing to violate a law.
• Performing a statutory obligation (e.g., serving on a jury).
• Exercising a statutory right or privilege (e.g., filing a workers’ compensation claim).
• Reporting a violation of law (whistleblowing).

If you were pushed out due to extreme working conditions, you may have an unfair dismissal claim.

What to Do If You Were Unfairly Dismissed

If you believe you were wrongfully terminated, taking the following steps can help build your case:

1. Gather Evidence

Strong documentation is key to proving your case. Gather:

• Termination letters or emails
• Employment contracts, offer letters, or employee handbooks
• Performance reviews or disciplinary records
• Emails, texts, or written statements related to your dismissal
• Witness statements from coworkers
• Any complaints filed with HR or government agencies

2. File a Complaint with the EEOC or CRD

Before filing a lawsuit, many unfair dismissal cases require a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These agencies will investigate your claim and determine if legal action is warranted.

3. Consult an Employment Attorney

Unfair dismissal claims can be complex. An experienced California employment attorney can:

• Evaluate the strength of your claim.
• Help you gather crucial evidence to prove intolerable working conditions.
• Represent you in negotiations, agency complaints, or lawsuits.
• Seek maximum compensation for your losses.

If you were unlawfully terminated or you believe you were forced to resign due to an intolerable work environment, don’t wait. Our California unfair dismissal lawyers are here to help. Get in touch with us today.