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Practice Areas > Wrongful Termination
Wrongful termination refers to the unlawful or wrongful dismissal of an employee, often for reasons that violate state or federal laws, or breach an employment contract. Even though at-will employment allows employers to fire employees without cause, there are circumstances that render terminations unlawful.
Wrongful termination can occur under many circumstances, but some of the most common include discrimination based on protected characteristics such as race, gender, or religion. It can also involve retaliation, for example, when an employee is fired for reporting illegal activity or unsafe working conditions. Additionally, it is unlawful to terminate someone for exercising their rights under labor laws – such as requesting medical leave or reasonable accommodations for a disability.
If you were terminated and suspect your employer acted unlawfully, ask yourself the following questions:
If any of these apply to your situation, you may have been wrongfully terminated.
In some cases, wrongful dismissal does not involve an outright firing. Instead, constructive discharge occurs when an employer creates unbearable working conditions, forcing an employee to resign. California courts treat constructive discharge similarly to wrongful termination.
To prove constructive discharge, you must demonstrate that your work environment was so intolerable that a reasonable person would feel compelled to resign or that your employer knowingly allowed these conditions to persist or intentionally created them.
California does not have specific laws labeled as “quiet firing” laws. Quiet firing refers to a practice where employers create or allow a work environment that is intentionally unwelcoming or difficult for an employee, hoping the employee will choose to resign.
However, aspects of this practice could intersect with existing employment laws regarding constructive discharge, workplace harassment, and discrimination. California’s labor laws strongly protect employees from unfair treatment, harassment, and discrimination in the workplace, which could cover situations akin to quiet firing if they create a hostile work environment or amount to constructive discharge.
California’s unfair dismissal laws are designed to protect employees from being terminated for unlawful reasons. The state operates under an “at-will” employment principle, meaning either the employer or employee can terminate employment at any time for any reason, as long as it’s not illegal.
However, exceptions exist where dismissals are considered unfair, such as terminations based on discrimination (e.g., race, gender, age), retaliation (e.g., for whistleblowing or exercising labor rights), violation of public policy (e.g., firing an employee for refusing to commit an illegal act), or breach of an employment contract. These protections aim to ensure that employees are not unjustly fired and have recourse through legal channels if they believe their dismissal was wrongful.
California’s wrongful termination by breach of contract laws protect employees who are dismissed in violation of the terms outlined in their employment contract. If an employee has a written, oral, or implied contract that provides specific job security or outlines conditions under which termination is permissible, and the employer terminates the employment outside those conditions, it may constitute wrongful termination.
This can include firing an employee without following the contractually required notice period or reason for termination. In such cases, the employee may be entitled to compensation for lost wages, benefits, and sometimes punitive damages, depending on the breach’s nature and impact.
California’s wrongful termination by discrimination laws prohibit employers from firing employees based on protected characteristics such as race, gender, age, religion, disability, sexual orientation, marital status, pregnancy, or medical conditions, among others. These laws ensure that all employees are treated fairly and are not dismissed for reasons that are unrelated to their job performance or the business needs of the employer.
If an employee is terminated for any of these discriminatory reasons, they may have the right to file a claim against the employer for wrongful termination, seeking remedies that can include reinstatement, compensation for lost wages and benefits, emotional distress damages, and sometimes punitive damages.
California’s wrongful termination due to retaliation laws safeguard employees from being fired as a form of punishment for engaging in legally protected activities. This includes reporting illegal activities or violations (whistleblowing), filing a complaint about workplace safety, harassment, discrimination, taking family or medical leave, or exercising any other rights protected under state or federal law.
If an employer terminates, demotes, or takes other adverse employment actions against an employee in retaliation for these protected activities, the employee may have grounds to file a wrongful termination claim. Remedies for such a claim can include job reinstatement, back pay, damages for emotional distress, and sometimes punitive damages.
Act quickly to protect your rights. Start by gathering all relevant documents – emails, reviews, termination letters, and complaints. Request your personnel file, which you’re entitled to under California law. Depending on your case, you may need to file a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC) before suing. Lastly, consult a wrongful termination attorney to assess your case and guide you through the legal process.
Wrongful termination occurs when an employer fires an employee for an illegal reason, such as terminating an employee in violation of state or federal law, breaching an employment contract, or acting against public policy. Even though California is an at-will employment state – where employers can generally fire employees without cause – there are exceptions where termination is deemed unlawful.
Common examples include termination based on discrimination, retaliation for whistleblowing, or firing someone for taking family or medical leave.
Yes, if you believe you were fired for an illegal reason, you can file a lawsuit against your former employer. Successful wrongful termination lawsuits may result in compensation for lost wages, emotional distress, and even punitive damages in cases of egregious misconduct.
Before filing a lawsuit, it’s often necessary to file a complaint with the appropriate government agency, such as the CRD or the EEOC, depending on the nature of your claim. An experienced wrongful termination attorney can guide you through this process.
Most wrongful termination lawyers work on a contingency fee basis, meaning they only get paid if you win your case. If your case is successful, the attorney typically takes a percentage of the settlement or award. Some attorneys may also charge hourly rates or flat fees in certain circumstances, but contingency arrangements are the most common in wrongful termination cases.
Wrongful termination occurs when an employer fires an employee for reasons that violate discrimination law. Common examples of wrongful termination include:
The statute of limitations for filing a wrongful termination claim in California depends on the type of claim:
Since the deadlines can vary depending on the circumstances, it’s best to consult with a wrongful termination attorney as soon as possible.
The success rate of wrongful termination cases varies depending on the strength of the evidence and the circumstances of the case. Cases with clear evidence of discrimination, retaliation, or breach of contract tend to have higher success rates.
However, many cases are resolved through settlements rather than going to trial. Settlements often allow employees to recover compensation without the uncertainty and time associated with a court battle.
To sue for wrongful termination in California, follow these steps:
Proving wrongful termination requires gathering strong evidence that supports your claim. To build a strong case, gather evidence such as positive performance reviews, emails showing retaliation or discrimination, vague or inconsistent termination letters, and coworker testimony. Your personnel file may also contain key documents.
In California, wrongful termination happens when an employee is fired in violation of state or federal laws, or an employment contract. While the state follows at-will employment, it’s illegal to fire someone for discriminatory reasons, such as race, gender, age, or disability, or in retaliation for reporting discrimination or harassment, unsafe conditions, or wage issues.
Terminating an employee for taking protected medical leave under FMLA or CFRA, or for whistleblowing, also qualifies as wrongful termination and may lead to legal action.
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