In California, employees have various rights and protections against unfair dismissal, which is often referred to as wrongful termination. These rights are rooted in both state and federal laws and are designed to protect employees from being fired for illegal reasons. Here’s a comprehensive overview of the protections against unfair dismissal in California:
At-Will Employment Exception
California follows the “at-will” employment doctrine, meaning employers can terminate employees at any time for any reason, as long as the reason is not illegal. However, there are several exceptions to this rule, which protect employees from unfair dismissal:
- Contractual Employees: Employees who have a written contract stating that they can only be terminated for specific reasons are protected against dismissal that falls outside these reasons.
- Public Policy Violation: An employer cannot fire an employee for reasons that violate California’s public policy. This includes termination for:
- Refusing to violate a law.
- Performing a statutory obligation (e.g., serving on a jury).
- Exercising a statutory right or privilege (e.g., filing a workers’ compensation claim).
- Reporting a violation of law (whistleblowing).
- Discrimination: Under both federal laws and the California Fair Employment and Housing Act (FEHA), employers cannot dismiss employees based on protected characteristics such as race, color, national origin, ancestry, religion, sex, pregnancy, sexual orientation, gender identity, age (40 and over), disability, medical condition, genetic information, marital status, or military and veteran status.
- Retaliation: Employers cannot terminate employees in retaliation for engaging in protected activities, such as filing a complaint or lawsuit against the employer for discrimination or harassment, participating in an investigation of the employer, or whistleblowing.
- Constructive Discharge: As previously discussed, if an employer creates or permits a work environment that is so intolerable that a reasonable person would feel compelled to resign, it may be considered a constructive discharge, which is treated similarly to wrongful termination.
Given the complexity of employment law and the specifics of each case, individuals who believe they have been unfairly dismissed are strongly encouraged to consult with an employment law attorney. An attorney can provide guidance on the viability of a claim, navigate the legal process, and help secure the best possible outcome based on the circumstances of the dismissal.
