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Posted on November 13, 2024 in Employment Law
In California, many employees work under what is known as “at-will” employment, meaning that either the employer or the employee can end the employment relationship at any time, for any reason, without prior notice. While at-will employment provides flexibility for both parties, it does not mean employees are powerless or have no legal recourse if they are wrongfully terminated. There are several situations in which an employee can sue for wrongful termination in an at-will employment state like California.
If you believe your termination was unjust or violated your rights, contacting a San Diego wrongful termination attorney at Walker Law can help you understand your legal options and determine if you have a viable case.
At-will employment is the default rule in California. This means that unless a specific contract or collective bargaining agreement states otherwise, employers can terminate employees at any time and for almost any reason. Likewise, employees can quit their jobs without notice or cause. However, despite the broad powers of termination granted to employers under at-will employment, California law still provides important protections for workers.
While an employer may generally terminate an at-will employee without cause, there are notable exceptions where wrongful termination may apply. California recognizes several legal exceptions to at-will employment, and under these exceptions, employees can sue for wrongful termination if they believe they were fired for illegal reasons.
It is illegal for an employer to terminate an employee based on discrimination. California’s Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on race, gender, sexual orientation, religion, national origin, disability, age, and other protected characteristics. If an employee is fired because of any of these reasons, they may have a valid wrongful termination claim.
California law also protects employees from retaliation. If an employee is fired for engaging in protected activities, such as reporting illegal conduct, filing a workers’ compensation claim, or participating in an investigation of discrimination or harassment, that can qualify as wrongful termination. Retaliation against employees for asserting their legal rights is unlawful.
Under California law, an employer cannot terminate an employee for reasons that violate public policy. For example, an employer cannot fire an employee for refusing to engage in illegal activity, like asking them to falsify documents or ignore safety regulations. Employees terminated for reasons that contravene state or federal public policy may have grounds for a wrongful termination lawsuit.
If an employee has a written, oral, or implied employment contract that guarantees job security or protection from termination without cause, firing them in violation of the contract terms can constitute wrongful termination. This applies to unionized employees and those with specific agreements regarding termination procedures or causes.
If you suspect your employer wrongfully terminated you, it is crucial to document all relevant information. This includes saving any written communications, recording the details of your termination, and noting any incidents or actions that may have led to the firing. Documenting the context and events surrounding your termination can provide valuable evidence if you pursue a wrongful termination lawsuit.
Even in an at-will employment state like California, wrongful termination is not a free pass for employers. California law protects workers from unfair treatment. If you believe your termination violated public policy, involved discrimination or retaliation, or breached a contract, contact our experienced San Diego wrongful termination attorneys to seek legal advice and explore your options.