California operates under at-will employment laws. This means that an employer can hire and terminate employees for any reason or no reason. However, this does not give the employer a right to dismiss you from your job out of harassment, discrimination, or retaliation. California laws on wrongful termination seek to protect employees from unfairness and discrimination in the workplace.
For this reason, companies or employers that engage in wrongful termination laws can be held accountable for their actions. Common forms of wrongful termination include being free because of your race, ethnicity, sexual orientation, age, or other protected aspects. Additionally, you may be a victim of wrongful termination if you are fired for being a whistleblower or file a worker’s compensation claim.
If you are wrongfully terminated, you can file a lawsuit against your employer and recover compensation for the losses that result from the wrongful termination. At Sexual Harassment Attorney, we offer expert legal insight for our clients to navigate wrongful termination lawsuits and secure a favorable outcome.
An Overview of the At-Will Employment Rule in California
At-will employment means an employer can terminate an employee without prior notice or cause. Under California law, a cause for termination must be fair, honest, and reasonable, given the circumstances. If an employee fights against termination, the employer must prove to the court that it acted in good faith.
California courts do not find employer policies and manager statements to overcome the presumption of at-will employment if the employee signs an acknowledgment of at-will employment. For this reason, employers engage in the following acts to preserve their right to terminate employees without cause:
- Including the at-will employment status in the job applications. This ensures prospective employees understand that their job will be employed at will.
- Ensuring new employees sign an acknowledgment for at-will employment before starting their new job.
- Avoid progressive discipline, and inform employees that certain violations can result in termination.
- Train managers and supervisors to avoid assuring job security to employees, which could be mistaken for implied contracts.
Exceptions to the Employment At-will
Some of the instances where you could be exempt from at-will employment include:
You have an Implied Contract
An implied contract is a legally binding, unwritten agreement you make with your employer. The terms of the implied contract include the assurance that you cannot be terminated without good cause. The court will ask about the intended purpose of your implied contract. Some of the factors that can affect the implied consent for AT-will employment include:
- Specific industry practices
- Actions by your employer assuring you of job safety
- The duration you have worked for the employer
- Your employer's practices and policies
You are a Government Employee
Most government employers are protected by civil service laws or a memorandum of understanding between their employment union and the agencies that address termination.
Your Employer has Taken Steps to Overcome the presumption of At-will Employment
You may be exempt from termination without notice or cause if your employer has engaged in acts that indicate that you are not under these rules. This could include promising that your job is safe unless there is reasonable faith for a termination. However, in this case, your employer can still fire you for poor job performance and the failure to fulfill your responsibilities.
Grounds for a Wrongful Termination Lawsuit
Although California obeys the at-will employment laws, there are instances where your employer cannot terminate you without facing legal consequences. You may be a victim of wrongful termination and be eligible to file a wrongful termination lawsuit if you were terminated for the following reasons:
Being Part of a Protected Class
California Fair Employment and Housing Act (FEHA) is the main law prohibiting workplace harassment and discrimination. The FEHA makes it illegal for your employer to terminate you based on the following:
- Racial discrimination is a common occurrence at workplaces throughout California. If you are fired for your race, you can sue your employer for wrongful termination.
- California law protects individuals with disabilities. Therefore, a termination based on disability is considered wrongful and can attract a lawsuit.
- Sexual orientation. Under California law, everyone has the right to express their sexuality. Facing discrimination or termination for your sexual orientation, like being gay, is unlawful.
- For individuals over forty years old, facing termination based on age is a discriminatory act that can prompt a wrongful termination lawsuit.
- All individuals have the freedom of religion, and you should not be fired for expressing this freedom.
- Being a victim of domestic violence or assault
- Political affiliation and activities
Being a Whistleblower
Whistleblower termination occurs when you are fired for reporting your employer's violations to a government agency or law enforcement. You are protected from termination under these circumstances under California Labor Code 1102.5. Although your employer could try to go around the law and claim that you were insubordinate, exercising your rights under Labor Code 1102.5 requires more than insubordination.
Your Termination is a Violation of Public Policy
Your wrongful termination may violate public policy if you lose your job for failure to cooperate with your employer, which violates California law. For example, if your employer tasks you with engaging in fraud and you decline, firing you on this basis could be a valid reason for you to file a wrongful termination lawsuit.
Your Termination is a Violation of an Implied Contract
Under California law, an implied contract is an agreement that must be respected by all the involved parties, even without a written document. Your employer can create an implied contract by telling you in person that your job is safe or issuing a handbook indicating circumstances under which you could be terminated. Your employer violates the implied contract by interfering, evading, and misrepresenting.
Filing a Workers Compensation Claim
You are entitled to compensation for your injuries and losses if you suffer an injury at work or while performing work-related duties. You recover this compensation by filing a claim with your employer or pursuing a worker's compensation lawsuit. If your employer retaliates against you for filing the lawsuit by firing you, you can file a wrongful termination lawsuit against them.
You are Fired for Taking or Requesting a Medical Leave
You can take medical leave under the Family and Medical Leave Act. You are a victim of wrongful termination if your employer fires you within thirty days of requesting the medical leave or within 90 days of returning from the leave. When you file a lawsuit under these circumstances, your employer must prove that the termination is unrelated to the leave.
Termination without Sufficient Notice
Employers with over seventy-five employees must provide a sixty-day notice before doing a mass layoff of fifty employees or more. If your employer fires you without this notice, you can file a lawsuit against them.
Filing a Wrongful Termination Lawsuit in California
When you determine that you are a victim of wrongful termination, you must act quickly to file your lawsuit before the statute of limitations elapses. The following are the steps you can take to file your claim:
Gather Relevant Documentation
When you file a lawsuit against your employer for wrongful termination, you must have relevant evidence to support the claim. You must move quickly to gather evidence because you might lose access to this information once you leave the company.
You can collect information by keeping your last communication with your employer and official paperwork related to your employment and termination. If the dismissal happened in an in-person meeting, you must record everything you can recall.
Hire a Skilled Lawyer
Filing a lawsuit against your employer could be a complex legal process. Therefore, hiring and retaining a lawyer is essential to ensuring that you understand the legalities of the process. In addition to helping you file your claim, your attorney will negotiate the maximum settlement for your lawsuit.
Make a Formal Complaint
Once the required proof and paperwork have been acquired, you can formally submit a claim to the California Civil Rights Department (CRD). If the CRD determines that your claim is justified, it may grant you the legal right to sue your employer.
Unfair termination lawsuits are more difficult to navigate than most workers think. However, you can increase the compensation you get from your claim by working with a trustworthy lawyer.
Negotiate a Settlement
Most wrongful termination claims are settled out of court. With the guidance of your attorney, you can negotiate with your former employer's legal team. You have no obligation to accept the settlement offered by the other team. Your case can go to trial if the settlement does not cover the damages and you do not accept it.
When a lawsuit is filed in court, the judge will determine the damages you deserve for the wrongful termination. When you seek compensation for wrongful termination, you must prove that the defendant employed you. Additionally, you must prove that you were wrongfully terminated.
Compensation Benefits for a Wrongful Termination Lawsuit
The judge can award you compensation for the following damages if your wrongful termination lawsuit is successful:
Lost Wages
Losing your job for an unlawful reason can be a daunting experience. Fortunately, you can recover compensation for the wages you would have received if you remained on the job from your lawsuit. However, you are expected to find a similar job soon. Your damages may be deducted if you make no effort to secure another job.
Job Reinstatement
You will be entitled to a reinstatement of your job when your wrongful termination lawsuit is successful. Additionally, the court grants you a right to be given the same level of seniority you had at the time of the unlawful discharge. Most people who pursue a lawsuit after wrongful termination do not want the job back and prefer to find a new one.
Lost Benefits
Benefits are a significant part of your job. Therefore, you can be compensated for these damages if you are wrongfully terminated. In this case, benefits include pension plans, healthcare coverage, stock options, and retirement savings.
Cost of Job Searches
You are expected to find another job after a wrongful termination lawsuit. Therefore, your settlement will include the costs incurred in your job searches.
Medical Expenses
Most jobs offer a healthcare coverage plan. When you face wrongful termination, you could incur medical expenses that you may need to pay out of pocket because of a lack of a healthcare plan. These expenses will be included in your settlement.
Emotional Distress
You will be compensated for the emotional pain and suffering you endure from losing your job. These damages will be awarded after testimony from a psychiatrist or psychologist.
Frequently Asked Questions on At-Will Employment and Wrongful Termination
A wrongful termination can have a significant impact on your livelihood. Fortunately, some laws protect you from such injustices. If you are a victim of wrongful termination, you may be secure if the right steps are taken to protect your rights and recover compensation. The following are frequently asked questions on at-will employment and wrongful termination in California:
Can I be fired without a warning?
Yes. At-will employment means that your employer can fire you for any reason as long as it is lawful. This includes poor work performance, failure to obey company rules, and scheduling conflicts. However, a termination that violates the following laws may be the basis for a lawsuit and compensation:
- The Fair Employment and Housing Act (FEHA) prohibits discrimination and termination based on protected characteristics like race, ethnicity, age, and religion.
- California Family Rights Acts. Under the CFRA, you can take at least twelve weeks of leave for personal or family medical reasons.
- California Labor Code. Different statutes under the Labor Code protect your rights, like the right to serve on the jury, the right to hold public office, and the right to take a break. You may be compensated if your employer fires you for claiming these rights.
Does my employer have to hold my job while I care for a sick family member?
Under the Family and Medical Leave Act, your employer must allow you to keep your job while caring for a sick family member. However, the employer can assign additional work duties when you return from leave. Retaliation against you for requesting or taking leave is unlawful.
What are the Legal Options after a Wrongful Termination?
The legal steps you take in a wrongful termination case in California vary depending on the reason for your termination and the nature of your claim. They include:
- Reporting your employer to the Civil Rights Department. Being fired due to discrimination, harassment, or retaliation violates your rights, which you can report to the CRD. An investigation will be conducted before appropriate measures are taken against your employer.
- Report the matter to the Labor Commission. Another option for individuals wrongfully terminated in California is to contact the Labor Commission and request an investigation.
- File a lawsuit. If the Labor Commission and Civil Rights Department cannot resolve your issue, you can file a civil lawsuit against your employer.
How long after Wrongful Termination can you file a lawsuit against your employer?
You can sue your employer if they fire you unlawfully. However, there is a time limit within which you can file the lawsuit and recover compensation. Filing a claim after the statute of limitations has elapsed will result in a dismissal. The statute of limitations for filing a wrongful termination varies depending on the termination, including:
- Breach of contract. If your wrongful termination breaches an implied contract, you will have up to four years from the termination date to file the lawsuit.
- FEHA retaliation. If your employer fired you for filing a complaint under FEHA, you have up to three years to file a claim with the CRD. If the CARD determines that you have the right to sue your employer, you will have one year to file the lawsuit.
- Whistleblower retaliation. If your termination results from you reporting your employer for criminal activity, the statute of limitations in your case is three years.
Find Expert Legal Insight Near Me
Under California law, wrongful termination occurs when your employer fires you for reasons prohibited by the law. This could include termination based on race, color, religion, age, or due to engaging in acts like whistleblowing on the company's illegal acts. If you have been wrongfully terminated, you could file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Alternatively, you can file a lawsuit against your employer. A successful lawsuit in this case will result in compensation for lost wages and benefits, as well as emotional distress and punitive damages. Pursuing a wrongful termination lawsuit in California can be an uphill task. Therefore, you must hire and retain a competent attorney to help you navigate the case.
At Sexual Harassment Attorney, we understand the impact a wrongful termination can have on your career and livelihood. Our skilled attorney will offer the legal guidance and representation you need to file your claim and recover maximum compensation from your employer. Contact us at 800-905-1856 from any location to discuss your case details.
