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Unfair dismissal commonly describes a termination that an employee believes was unjust, unreasonable, or undeserved. In California, unfair treatment alone does not necessarily make a dismissal unlawful. A termination may support a legal claim when it involves discrimination, retaliation, a violation of public policy, or breach of an enforceable employment agreement.
California generally presumes employment without a specified term is “at will” under Labor Code section 2922. Unless a legal or contractual restriction applies, an employer generally does not need to establish good cause for termination. However, at-will employment does not permit firing someone for an unlawful reason.
Depending on the circumstances, potential examples include:
Not automatically. Whether an employer must follow particular procedures depends on applicable law and any enforceable agreement. A handbook policy does not necessarily change at-will status. However, inconsistent explanations or departures from normal practices may be relevant evidence when evaluating a potentially unlawful motive.
Preserve your termination notice, employment agreement, relevant policies, performance reviews, complaints, and communications you are lawfully entitled to keep. Write down the employer’s stated reason, the timeline, and any connection to protected activity or a protected characteristic. Filing deadlines vary by claim.
Legal sources: California Labor Code Section 2922: At-Will Employment, California Civil Rights Department: Employment Discrimination and Retaliation, and California Labor Commissioner: Retaliation Protections.
Concerned that your dismissal involved discrimination, retaliation, or another legal violation? Matern Law Group can review your circumstances and explain your options.
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:
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:
It is illegal to fire an employee based on a protected characteristic, including:
California’s Fair Employment and Housing Act (FEHA) and federal anti-discrimination laws protect employees from being fired due to these characteristics.
Employers cannot terminate employees in retaliation for engaging in protected activities, such as:
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.
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.
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:
An employer cannot fire an employee for reasons that violate California’s public policy. This includes termination for:
If you were pushed out due to extreme working conditions, you may have an unfair dismissal claim.
If you believe you were wrongfully terminated, taking the following steps can help build your case:
Strong documentation is key to proving your case. Gather:
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.
Unfair dismissal claims can be complex. An experienced California employment attorney can:
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.
You deserve clear answers about your rights. Contact Matern Law Group to discuss your situation and explore your legal options.
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