We defend employees who have been wrongfully terminated. California law protects workers from being fired for unlawful reasons, and when an employer violates these protections, it may constitute wrongful termination. If you believe you have been terminated for reasons that violate public policy or your legal rights, we are here to help.
What Constitutes A Wrongful Termination?
Wrongful termination in violation of public policy, commonly referred to as wrongful termination, occurs when an employer fires an employee for reasons that violate statutory or constitutional rights that are well-established at the time of discharge and so substantial and fundamental that they are deemed to be the public policy of the state of California. Wrongful termination covers a range of situations that an employee may encounter, primarily:
- Discrimination: Under California’s Fair Employment and Housing Act (FEHA), terminating an employee based on a protected characteristic – such as gender, race, disability, pregnancy, age, religion, or sexual orientation – is illegal.
- Retaliation: Your employer may not terminate you for things that are protected under the law, such as filing a complaint about workplace discrimination, reporting harassment, or taking medical leave.
Discriminatory Termination
Employees may not be fired due to their membership in a protected class. Under California law, protected characteristics include, but are not limited to:
- Race
- Gender
- Age (over 40)
- Disability
- Religion
- National origin
- Sexual orientation
For example, if an employer fires an employee because of their race, gender, or disability, or the intersection of two or more protected characteristics, that action would constitute wrongful termination. Employers sometimes use pretextual reasons, such as poor performance, to mask their discriminatory motives.
Retaliatory Termination
Employers may not fire an employee for engaging in protected activities such as:
- Filing a complaint of harassment or discrimination (against yourself or others)
- Reporting unsafe working conditions
- Complaining about wage violations (such as unpaid overtime or missed meal or rest periods), unpaid wages, or unequal pay disparity (being paid less than their coworkers as compared by gender or by race)
- Requesting reasonable accommodations for a disability
- Taking medical leave under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA) to treat a personal condition or care for a family member