Losing a job can be stressful and unexpected. For employers, making termination decisions can also involve significant legal responsibilities. While California generally allows employers to terminate employees at will, there are important exceptions that protect workers from unlawful employment practices.
Understanding wrongful termination in California is essential for employees who believe their rights have been violated and employers seeking to make legally compliant decisions.
Understanding California’s At-Will Employment Laws
Under California employment law, most employment relationships are considered “at will.” This means an employer can generally terminate an employee at any time, with or without cause, provided the reason is lawful.
Similarly, employees can typically leave their positions without providing a specific reason.
However, at-will employment does not give employers unlimited authority to terminate workers. Federal and state laws prohibit termination based on discrimination, retaliation, or other legally protected activities.
Additionally, employment contracts, collective bargaining agreements, and certain established employment arrangements may limit an employer’s ability to terminate an employee without cause.
What Qualifies as Wrongful Termination in California?
Wrongful termination occurs when an employee is dismissed for a reason that violates applicable law, public policy, or an enforceable employment agreement.
Several circumstances may give rise to a wrongful termination claim.
Discrimination Based on Protected Characteristics
California’s Fair Employment and Housing Act (FEHA) prohibits covered employers from making employment decisions based on protected characteristics, including:
- Race, color, or national origin
- Religion
- Sex, pregnancy, or sexual orientation
- Age (40 and older)
- Disability or certain medical conditions
- Other characteristics protected under applicable law
An employee who is terminated because of a protected characteristic may have grounds to pursue a discrimination claim.
Retaliation for Protected Workplace Activities
Retaliation at work in California can occur when an employer takes adverse action against an employee for engaging in legally protected conduct.
Examples include terminating an employee for reporting workplace harassment, raising certain wage violations, participating in a discrimination investigation, or exercising protected employment rights.
Importantly, an employee does not necessarily need to prove that an underlying complaint was successful to receive protection against unlawful retaliation.
Whistleblower Protections
California Labor Code Section 1102.5 provides protections for employees who report suspected legal violations under qualifying circumstances.
Employees who reasonably believe their employer is violating the law may be protected when reporting concerns to appropriate authorities or authorized workplace personnel.
Terminating an employee because of a protected whistleblower disclosure or refusal to participate in unlawful conduct may violate California law.
Termination Involving Protected Leave
Employees may also have legal protections when taking qualifying medical, family, pregnancy-related, or other protected leave.
For example, terminating an eligible employee because they exercised rights under the California Family Rights Act (CFRA) may constitute unlawful retaliation.
Whether a termination violates protected-leave laws depends on the employee’s eligibility, the employer’s obligations, and the circumstances surrounding the decision.
What Should Employers Do Before Terminating an Employee?
Employers should approach termination decisions carefully and consistently to reduce legal exposure.
Recommended practices include:
- Documenting performance concerns: Maintain accurate records of performance evaluations, disciplinary actions, and relevant workplace incidents.
- Applying policies consistently: Ensure disciplinary and termination procedures are administered fairly.
- Reviewing protected activities: Consider whether an employee recently reported misconduct, requested accommodations, or exercised protected leave rights.
- Maintaining clear workplace policies: Regularly review employee handbooks, anti-discrimination policies, and complaint procedures.
- Seeking legal guidance: Consult an employment attorney when termination circumstances present potential legal risks.
Consistent documentation and legally compliant policies can help employers demonstrate legitimate business reasons for employment decisions.
What Should Employees Do If They Suspect Wrongful Termination?
Employees who believe their termination was unlawful should take steps to preserve relevant information.
Important records may include termination notices, employment agreements, performance reviews, relevant emails, text messages, and documentation of workplace complaints.
Employees should also create a timeline of significant events, including when protected activities occurred and when disciplinary or termination decisions followed.
However, employees should avoid improperly accessing confidential employer information or taking documents they are not authorized to possess.
Because legal claims may involve strict filing deadlines, consulting an employment attorney in San Diego promptly can help employees understand their options.
Navigating Employment Law With Preovolos Lewin
Wrongful termination disputes can involve complex questions about employee rights, employer obligations, and the circumstances surrounding an employment decision.
Whether you are an employee concerned about an unlawful dismissal or an employer seeking to reduce workplace liability, understanding your legal responsibilities is essential.
At Preovolos Lewin, our attorneys provide guidance on employment and labor law matters affecting California businesses and employees.
Contact Preovolos Lewin to discuss your employment law concerns and learn how our team can help you navigate your legal options.