Wrongful termination in California occurs when employees are terminated for reasons that are then deemed illegal. If and when this happens, a worker can file a lawsuit against their employer in order to recover damages such as lost wages.
Here, we will go over the most common and relevant situations regarding wrongful termination laws in California. Our hope is that this list is helpful as you begin to figure out the details of your own situation, but always remember that we offer free consultations and can explain these details in person. In a general sense, it is essential to remember that in California, wrongful termination is unlawful.
Brad Nakase, Attorney
1) Sexual Harassment: Complaints and Retaliation
Sexual harassment that occurs in the workplace is illegal. Harassment in this form is a type of discrimination that is fully prohibited in California. Therefore, employers in California are required to provide an office or work environment that is completely free of all forms of sexual harassment.
This means that if your employer terminates your employment for reasons such as initiating a sexual harassment investigation, complaining, or reporting sexual harassment, it is illegal. It is also illegal for an employer to retaliate against a worker for these reasons.
2) Wrongful Termination Based on Discrimination in California
In California, employers are prohibited from discriminating against employees in any way based on the worker’s personal characteristics. When a group of individuals shares personal characteristics, they are known by the term “protected class,” and it is illegal to terminate these people based in any way on their characteristics. In California, protected classes are:
- Veteran or Military Status
- Gender Identity
- HIV/AIDS status
- Sexual Orientation
- Race
- Pregnancy
- Skin Color
- Sex
- Age (over 40)
- Origin
- Ancestry
- Disability
- Citizenship Status
- Medical Conditions
- Marital Status
- Genetic Information
- Religion
- Victim of Domestic Violence, Stalking, Assault
- Political Affiliations / Activities
If an individual is terminated from their job based on one of these characteristics, this is the definition of wrongful termination in California. Importantly, there may be other protected classes in your specific city, and this information should be readily available. In San Francisco, for example, weight and height qualify as classes that are protected.
3) Employer Retaliation for An Employee Taking Family Medical Leave
It is illegal for an employer to lay off a worker for inquiring about or going on family medical leave. Under California law, workers are protected against employers who may retaliate based on employees using their accumulated days of sick leave for treatment, diagnosis, or care related to either an existing health condition or preventative care for a family member.
When an employee asks if they can use paid sick leave, and they are then terminated within 30 days of the request, this is wrongful termination. The employer must be able to prove that the firing took place for another reason. If this occurs to an individual, they should contact an attorney at once because they have been wrongfully terminated.
Additionally, workers cannot be terminated simply for utilizing their rights to medical leave or family medical leave under the FMLA (Federal Medical Leave Act) or the CFRA (California Family Rights Act. Employees are entitled to use up to 12 weeks of leave for themselves or their family members if there is a serious health condition and if they work for a company that is covered by one of these laws.
If you are fired within 90 days of returning from FMLA leave, or while on FMLA leave, the law assumes that you have been wrongfully discharged. Thus, the burden is on the employer to prove that they fired you for reasons entirely unrelated to your sick leave. Wrongful termination based on sickness or family sickness is a serious offense, so if this has happened to you, contact a lawyer today.
4) Violation of Public Policy and Wrongful Termination in California
There are multiple reasons why an employee’s termination may be considered in violation of public policy. If an individual is terminated for the reason that goes against the state laws of California, then the firing can be construed as wrongful, and the employee would be entitled to pursue legal assistance and seek out damage through a lawsuit. An employer’s violation of public policy in any way is therefore illegal in the state.
Wrongful grounds for termination in California additionally can include, but are not limited to:
- Requesting accommodation for lactating mothers, expressing breast milk at work.
- Lawful conduct of employees during nonworking hours, taking place away from the employer’s place of work.
- Taking time off from work when the employee has been a victim of a crime.
- Taking time off for jury duty.
- -Divulging information about harmful working conditions.
For a more comprehensive list of these terms, visit the California Dept. of Industrial Relations online.
5) Breach of Contract: Wrongful Termination
If an employee is not classified as “at will,” then that is probably because there is an employment agreement that states that the worker will be laid off only under specific conditions, otherwise known as “good cause” or “just cause.” However, if an individual did not sign an agreement like this, then wrongful termination can occur when an employer terminates their employment for the reason that has not been out outlined in the agreement.
Additionally, if the employee’s agreement says that they will only be terminated for “just cause,” then the reason for termination must fit the agreement’s description of a just cause. If it does not, this could also qualify as wrongful termination.
Likewise, wrongful termination can occur in this category if an employer uses the agreement and the reasons stated within it as a cover for another improper reason. Some employers will reference the agreement and the “good cause” terms but then terminate their employees for unrelated and unfair reasons.
If you do not have a written and signed agreement with your place of work, the courts can still be asked to figure out of your agreement is actually on oral terms or implied. An implied contract could be predicated on the fact that the employer has a type of written policy that they enforce that states that terminations can only occur for “good cause.”
These situations can be complicated, so if you believe your contract has been violated or breached in this way by your employer, make sure to contact an attorney who is familiar with California employment law.
6) Retaliation for Whistleblowers
“Whistleblowing” is the term associated with a worker reporting an employer’s illegal behavior. This behavior could be in violation of federal, local, or state regulations, laws, or rules. It is not only unfair, immoral, and unjust for an employee to be fired for reporting illegal actions, but it is also grounds for the most obvious of wrongful terminations. If an employee can prove they were fired for reporting wrongdoing, this is classified as wrongful termination. On another note, if a worker reports that working conditions are unsafe, they can under no condition be laid off for this statement.
7) Discrimination Based on Pregnancy
If an employee is singled out and fired because they are planning on becoming pregnant, dealing with complications regarding birth or other pregnancy-related medical issues, or is simply pregnant, this is a form of acute discrimination in California.
All pregnancy-related firings are illegal in California under the Pregnancy Discrimination Act as well as the California Fair Employment and Housing Act. Also, requests for leave or other accommodations related to pregnancy and issues surrounding a pregnancy that is met with termination or penalties are wrongful and not tolerated.
8) Breach of the Covenant of Fair Dealing and Good Faith
A claim can be made for wrongful termination based on the “covenant of good faith/fair dealing” when a worker is terminated in what is a fundamentally unfair manner. To explain, every contract that is signed includes what is called an “implied covenant of good faith/fair dealing.” In signing the contract and forging ahead, both parties have agreed to this term. What does it mean? Essentially, it implies that both parties promise not to commit any acts in bad faith or to do anything unfair in order to deny the other party of the beneficial aspects of said agreement.
In terms of a relationship between a worker and an employer, this stipulates that an employer in California is obligated to cooperate with workers in allowing the worker to accomplish their obligations.
Now, forms of obstruction and interference such as evasions, lies, deliberate lack of action, overall stoppage of communication, and other behaviors can all potentially violate the covenant. If you believe the covenant of good faith has been breached in your relationship with your employer, contact a lawyer and find out—your situation might be an idea for a lawsuit of alleged wrongful termination.
9) Complaining About Violations of California Wage and Hour Law Violations: Employer Retaliation
It is unlawful for employers in California to terminate employees or retaliate against employees in any way for complaining about unpaid wages. Now, this also holds true for reporting unpaid meal and rest break violations, complaining about a lack of overtime pay, and reporting unpaid wages. When employees rightfully file a claim with the CA Dept. of Industrial Relations as a way to report and recoup unpaid earnings, this is also covered by the California Labor Code, and an employer cannot fire an employee for doing this. Overall, when workers exercise any of the rights that are afforded to them by the California Labor Code, whether for themselves or for other workers, they are protected. Terminations cannot occur for this reason, and if they do, they are deemed unlawful and, therefore, wrongful.