California Wrongful Termination Laws (With Examples)

Being let go from a job can leave you both confused and overwhelmed. It places individuals in situations where they must unexpectedly figure out how to continue financially supporting themselves and their families. When a person is terminated unlawfully, this can add to the stress. Understanding California wrongful termination laws can help you recognize your rights and advocate for what you deserve.

California Wrongful Termination Laws

California is an at-will employment state. This means that an employer can fire an employee with or without notice, for reason or no reason at all. This does not apply to reasons that are deemed illegal, such as discrimination. Knowing your rights can help you build a strong case if you were wrongfully terminated.

According to the Equal Employment Opportunity (EEOC)’s FY 2023 enforcement and litigation statistics report, the number of discrimination charges filed with the agency increased for the second consecutive year. The agency received 81,055 discrimination charges in FY 2023, a 10% increase over the previous fiscal year. The agency hasn’t seen this much since FY 2017.

Discrimination

California law prohibits employers from firing employees based on discrimination. This means you cannot be terminated based on your status under a protected characteristic. Some of these characteristics include:

• Race
• Religion
• Age
• Political affiliation
• Gender
• Sexual orientation
• Pregnancy
• Medical condition
• Marital status

An example of workplace discrimination would be if a well-performing employee is terminated shortly after announcing her pregnancy, with the excuse that it is due to poor performance. This could be grounds for termination. Employment decisions must be based on the company’s needs and not on personal, discriminatory beliefs.

Retaliation

Termination for retaliation occurs when an employee is fired in response to another action, such as reporting unsafe working conditions, illegal activity, or harassment. For example, if an employee makes a complaint about not being paid overtime and is fired soon after, this may be considered retaliatory discharge. California law forbids this type of illegal retaliation.

Violation of Public Policy

In California, an employee also cannot be terminated in violation of public policy. This means you cannot be fired for the following:

• Refusing to engage in illegal activity to benefit the company.
• Exercising legal rights and societal obligations, such as performing jury duty or going to vote.
• Acting within other principles of society.

For example, if an employer asks an employee to falsify financial documents in order to avoid tax obligations and the employee refuses and is subsequently fired for it, this can be classified as a wrongful termination. A knowledgeable attorney can assist you in determining whether you have been fired illegally.

Breach of Good Faith and Fair Dealing

Although California is an at-will state, it still recognizes the principles of good faith and fair dealing. This means that an employee cannot be fired for deceitful reasons or reasons that are inconsistent with company policies.

For example, if you have a contract with an employer that promises employment for at least a year, but you are fired after being trained extensively without reason, this can be considered wrongful termination. An employee may be able to recover back pay, benefits they missed, and emotional distress.

Constructive Discharge

You may have a wrongful termination case if you suffered an employment environment so bad that you were forced to leave the position, and the average person in your situation would be expected to do the same. This is called constructive discharge.

For instance, a case could involve an employee who is so mistreated, such as through relentless harassment or unsafe conditions, that leaving the job is the only reasonable option. In California, constructive discharge is legally viewed the same as an actual termination when the work environment is in breach of the law’s basic standards.

Hire a Wrongful Termination Lawyer

My name is Esperanza Anderson, and I am a California wrongful termination attorney who fights for employees throughout Pasadena and Los Angeles County. I have over 25 years of experience, and I personally handle my clients’ cases in the Los Angeles Superior Court, including the Stanley Mosk Courthouse, to provide strategic guidance and aggressive representation against your employer for alleged law violations.

I am also bilingual in Spanish, and I am proud to help Spanish-speaking employees seek the justice they deserve. I can walk you through every step of the legal process. All your cases remain under my direct supervision because you receive personalized service that leads to optimal results.

FAQs

Q: What Is the Burden of Proof for Wrongful Termination in California?

A: In California, the burden of proof is on the employee. You must prove that your termination was a violation of a specific law. These laws may include anti-discrimination laws, retaliation protections, or public policy. In most cases, this requires the employee to prove that the employer’s stated reason for termination was false or pretextual, and that the actual reason for termination was illegal under California’s wrongful termination laws.

Q: What Qualifies as a Wrongful Termination?

A: Any termination that occurs due to illegal reasons qualifies as wrongful termination. While this covers a range of offenses, one of the most common is due to discriminatory reasons. For example, an employer cannot fire you based on your race, religion, veteran status, age, gender, sexual orientation, medical condition, or pregnancy status.

Q: Can I File a Claim for Being Fired Without Warning in California?

A: You can file a claim for being fired without warning in California only if the reasons are unlawful. California is an at-will state, meaning that an employer cannot terminate an employee with or without notice and with or without reason as long as the reason is not illegal. If you have been terminated for illegal reasons, speak with a California wrongful termination attorney.

Q: What Evidence Is Needed to Prove Wrongful Termination?

A: Evidence needed to prove wrongful termination is typically supporting evidence that points to a wrongful termination. It is incredibly rare that an employer would put in writing illegal reasons for firing you. You should collect evidence such as positive performance reviews, emails, text messages, witness statements, and employee handbooks that outline relevant policies to support your claims.

Contact Esperanza Anderson Today

If you were wrongfully terminated, hire a wrongful termination lawyer today. Esperanza Anderson handles wrongful termination cases and can help you seek justice. Contact us today to get started.