Being terminated from a job is not just heartbreaking and shocking, it could also change the life of anyone for the worse. In certain situations, the termination may be wrongful, and employees are forced to raise concerns about the legality and fairness of their termination.

But, what classifies as wrongful termination and how can you protect yourself when you find yourself dealing with it?

Wrongful termination: By Definition

Wrongful termination is the unlawful dismissal of an employee in violation of state and federal employment laws, whether it is rooted in discrimination, retaliation, or a breach of employment contracts. Bound by the terms of arbitration agreements, some employees may be required to resolve wrongful termination disputes behind closed doors rather than taking it to court. 

Let’s discuss the concept of at-will employment, the illegal reasons for termination, the impact of discrimination, the potential consequences of retaliation, and the protection available to those who exercise their legal rights.

At-Will Employment in California

In California, most employment relationships are considered at-will, meaning that either you or your employer can terminate your employment at any time for any reason, as long as it isn’t illegal. This means that you have the freedom to quit your job without providing a reason, and your employer has the same freedom to let you go. 

The at-will employment doctrine is a fundamental principle in California labor law, and it applies to both employees and employers. But, there are exceptions to at-will employment. 

Your employer can’t terminate your employment for reasons that are illegal or discriminatory, such as race, gender, age, or disability. If you believe that you have been wrongfully terminated, you may have legal recourse.

On the other hand, as an employer, at-will employment allows you the flexibility to make decisions about your workforce based on your business needs but you must also be aware of the legal obligations and restrictions in terminating an employee’s contract. Wrongful termination claims can lead to costly litigation and damage to your business’s reputation.

This concept of at-will employment and the rights and responsibilities it entails for employers and employees can lead to a fairer and lawful working relationship.

Illegal Reasons for Termination

Under California law, there are several specific reasons that are considered illegal for termination.

One such reason is discrimination based on protected characteristics, such as race, gender, religion, national origin, age, disability, or sexual orientation. It’s illegal for an employer to terminate an employee solely on the basis of any of these protected characteristics.

Another illegal reason for termination is retaliation. If an employee exercises their rights, such as filing a complaint about workplace harassment or participating in an investigation, it’s illegal for the employer to terminate them in retaliation. 

Retaliation can manifest in various forms, including termination, demotion, reduction in pay or hours, or even creating a hostile work environment. It doesn’t have to be blatant or direct; subtle actions or changes in treatment that negatively impact the employee can also be considered retaliation.

Employees also have the right to take time off work for various reasons, such as family or medical leave, and it’s illegal for employers to terminate them for exercising these rights.

It’s also illegal for employers to terminate employees for engaging in protected activities, such as whistleblowing or reporting illegal activities within the company. California law also prohibits termination based on an employee’s political activities or affiliations.

If you believe that you have been wrongfully terminated for any of these illegal reasons, start consulting with an experienced employment attorney. They can help you understand your rights and determine the best course of action to seek justice and compensation for your wrongful termination.

Protections for Exercising Legal Rights

In California, employees are protected by various laws that ensure their rights aren’t violated by their employers. These protections exist to help you exercise your rights without fear of wrongful termination.

For instance, the California Labor Code prohibits employers from retaliating against employees who engage in protected activities, such as filing complaints or participating in investigations related to workplace safety, discrimination, or wage violations. This means that if you exercise your legal rights by reporting illegal activities or unfair treatment in the workplace, your employer can’t retaliate against you by terminating your employment.

Similarly, the California Fair Employment and Housing Act (FEHA) also protects employees from retaliation for opposing discriminatory practices or participating in the enforcement of the law. This means that if you speak out against discriminatory practices or assist in any investigations or legal proceedings related to discrimination, your employer can’t retaliate against you.

Conclusion

If you find yourself facing a wrongful termination situation, it will involve having an understanding of the state’s laws and protections.

Remember, wrongful termination can occur if you’re fired for illegal reasons, such as discrimination or retaliation. California law exists with an aim to protect employees’ rights and provide legal remedies for those who’ve been wrongfully terminated.

By being aware of your rights and seeking legal assistance if necessary, you can take the appropriate steps to protect yourself in such situations.