Wrongful termination refers to firing an employee in a way that violates the law or a contract of employment. If you’ve recently been let go from your former position, you may wonder if the decision was legally sound.
As you reflect on the events leading up to your termination, you might discover that the reason for your dismissal wasn’t as legitimate as it seemed at the moment, or legitimate at all. If this is the case, you’ll need a lawyer by your side to help you defend your rights.
If you believe you’ve been wrongfully terminated, you don’t have to face this challenge alone. Matern Law Group is here to help you understand your rights and take action.
Call 855-913-1134 for a free consultation, or fill out our contact form to discuss your case with an experienced employment attorney.
Today, we’re taking a closer look at wrongful termination in California and sharing the facts you need to know to protect yourself.
Five Signs You May Have Been Wrongfully Terminated
California follows an “at-will” employment policy, allowing employers to dismiss employees without providing a cause. However, employers cannot terminate workers for unlawful reasons. If any of the following situations apply to you, your termination may have been wrongful.
1. The Reason Isn’t Clear
Does it seem as though your employer fired you for no reason or for a reason that they did not explain to you? This experience can be jarring for anyone, but it’s especially upsetting when there seems to be no just cause behind the action.
If you’ve shown up at the workplace, put in your best effort, and met your performance goals, you’ll understandably be surprised by a firing. While companies may need to perform occasional layoffs to conserve costs, your employer should be honest with you about that situation rather than leave you guessing.
Ideally, your employer should provide a dismissal letter or other written explanation. This can help you and your attorney determine if the termination was lawful. If they don’t provide it, you have the right to request this information in person. Possible points of contact include your immediate supervisor and the company’s human resources department.
2. You Were Fired After Reporting Illegal Activities
You should feel comfortable speaking up if you notice that your employer or co-workers are engaging in any type of dangerous or illegal activities. You shouldn’t feel that your job might be in jeopardy for raising these issues.
If you were terminated after reporting such actions, it could indicate a wrongful termination due to retaliation. Examples of illegal retaliation by an employer include:
- Firing an employee after they report a co-worker for theft or fraud
- Terminating an employee who discloses safety violations, such as an unaddressed fire hazard
- Dismissing an employee who files a formal complaint about company-wide unethical practices
Whistleblowing isn’t just a moral obligation — it’s also a protected act. The Occupational Safety and Health Administration (OSHA) enforces whistleblower protection laws that prohibit employers from retaliating against employees who file a complaint or exercise any of their other rights when learning about illegal activity or behavior at work.
If you believe you were wrongfully terminated for reporting misconduct, consulting an employment attorney is critical to protecting your rights.
3. You Were Fired After Reporting (or Refusing) Harassment
The International Labor Organization (ILO) estimates that one in five employees has experienced some type of physical, psychological, or sexual harassment at work. If you’re the victim of harassment and you decide to report those actions, firing you after can be an illegal retaliatory act.
The same applies to any employee who refuses any type of harassment. For instance, say your supervisor makes sexual advances toward you and you refuse to reciprocate. If their next action is to fire you, that may be considered as wrongful termination due to retaliation or retribution.
4. You Were Fired for Exercising Workplace Rights
In addition to whistleblowing, there are other protected acts that can apply to your termination. These typically refer to wage and hour rights most employees have. Seeking to have these rights respected should not be a basis for firing someone.
Examples of protected workplace rights that should not result in termination include:
- Taking required meal or rest breaks
- Requesting sick leave
- Asking for time off to care for a family member
- Requesting workplace accommodations due to disability
The California Family Rights Act (CFRA) entitles qualified employees to a maximum of 12 weeks of unpaid, job-protected leave for specific family and medical needs. In addition, the Healthy Workplace, Healthy Family Act mandates that employers offer paid sick leave to their workers.
Pregnancy is considered a protected class. It is typically wrongful for an employer to terminate someone because their pregnancy requires them to take more frequent breaks or necessitates other workplace accommodations.
It’s also considered wrongful for an employer to terminate a pregnant person before they take maternity leave so they can fill that role in the interim. If you’re fired for engaging in any of these protected activities, you may have been wrongfully terminated.
5. You Were Fired Due to Workplace Discrimination
Legally, Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, or national origin. California law, through the Fair Employment and Housing Act (FEHA), expands these protections to include:
- Gender identity and gender expression
- Sexual orientation
- Age (40 and over)
- Marital status
- Medical conditions and genetic information
- Military and veteran status
Despite these protections, unlawful terminations still happen. Employers may make an unfair firing decision based on a distinguishing characteristic of an employee.
In certain instances, companies won’t even let applicants get through the gate if they display traits or features they deem undesirable. They may refuse to hire certain people based on their actions or appearances, often claiming other decision-making factors instead.
If they do hire them, they may purposefully leave them out of meetings, training sessions, and events so they can’t advance their careers. They may also give them undesirable projects or difficult clients to discourage them. If you believe you’re experiencing any form of discrimination at work, it’s important to document each instance for future reference, especially if those actions culminate in a termination.
Can I Sue For Wrongful Termination?
If you believe you were fired on a wrongful basis, you may be able to take legal action. However, it’s important to have legal counsel by your side if you decide to do so. Employment laws vary by state, and it’s important to understand the full context of why you were terminated.
To successfully sue for wrongful termination, you must be able to prove that the termination violated a certain law or the terms of your employment contract. It isn’t enough to simply consider it unfair. An employment attorney can review your case and determine the next steps you need to take as you move forward.
Compensation in wrongful termination cases may include lost wages, reinstatement, and damages for emotional distress, depending on the circumstances. Seeking legal counsel early on can help strengthen your case and may improve your chances of achieving a favorable outcome.
Can Wrongful Termination Lead to a Class Action Lawsuit?
In some cases, wrongful termination doesn’t just affect one employee — it impacts many workers in the same company. If multiple employees were fired under similar illegal circumstances, they may be able to file a class action lawsuit against their employer.
Are You Facing Wrongful Termination in California?
A workplace termination can be incredibly disheartening. It’s even more difficult when you believe the reason behind your firing isn’t justifiable.
If you’re facing a wrongful termination in California, reach out to us. At Matern Law Group, our focus is on employment law, including wrongful termination in California. Our practice areas cover a wide range of workplace rights issues, from discrimination and harassment to retaliation and contract violations.
Whether your firing resulted from unlawful treatment or a violation of labor laws, our attorneys are here to fight for you. To learn more and schedule a consultation, please contact us below.
