Wrongful Termination

Wrongful termination, also known as unlawful dismissal or wrongful discharge, occurs when an employer ends an employee's employment against the laws protecting employees. In the context of California law, wrongful termination is a complex area, encompassing a variety of situations where an employer may not lawfully terminate an employee.

 

Under California law, employers cannot terminate employees for reasons that would infringe upon their protected rights. This includes, but is not limited to, discrimination based on race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, age (40 and above), citizenship status, genetic information, marital status, sexual orientation, gender identity and expression, AIDS/HIV status, medical condition, political activities or affiliations, military or veteran status, or status as a victim of domestic violence, stalking, or assault.

 

California law also protects employees from termination as a form of retaliation. If an employee files a complaint or participates in an investigation involving discrimination, harassment, or workplace safety, employers are prohibited from terminating, demoting, or otherwise retaliating against the employee in response.

 

Employees are also protected from termination that violates public policy. This could include termination for refusing to break a law at the employer's request, for reporting illegal activities (also known as whistleblowing), or for exercising a statutory right or privilege, such as voting, taking family or medical leave, serving on a jury, or seeking workers' compensation for a workplace injury.

 

Even in at-will employment relationships, where either party can terminate the employment relationship at any time, there are exceptions to this rule. If an employment agreement - whether written, oral, or implied - promises job security, an employer cannot terminate the employee without good cause. Similarly, if an employer's policy or handbook outlines specific disciplinary or termination procedures, the employer may be required to follow these procedures before lawfully terminating an employee.

 

Lastly, California recognizes the concept of constructive discharge, where an employee resigns due to intolerable working conditions that would compel a reasonable person to quit. If an employer intentionally creates or knowingly permits such conditions, it may be considered a form of wrongful termination.

 

If you believe you have been wrongfully terminated, it is important to consult with an experienced employment attorney who can help you understand your rights and potential remedies. Our firm is here to assist you in navigating through the complexities of California's wrongful termination laws and help you take necessary legal action to hold your employer accountable.