Losing your job, especially if the decision feels like it came out of nowhere, is a tough situation for employees in California, and it can happen quickly. One day you work a normal day — the next you’re asked to pack up your desk and are escorted off the premises without a real reason. It leaves a lot of people wondering, can employees really be fired without cause? Unfortunately, yes you can, except for a few important exceptions. Read on to learn about the laws surrounding employment and unlawful termination in California.

What Is At-Will Employment?

The at-will employment in California law allows an employer to fire you without a real reason other than them thinking you are not a fit for the position. This means that the relationship between an employee and an employer is “at-will,” meaning that either party can terminate the working relationship at any time with or without cause. 

This is, of course, if you are not under an employee contract. Some employers have new employees work without a contract, at-will, during a probationary period for up to three months before a contract is made. Still, many jobs work with an at-will employment model, giving employers a tremendous amount of power over workers. 

When Termination Becomes Illegal

California employment law does not protect you from a boss who makes rash decisions or acts without compassion. However, it does protect you from being fired for reasons that violate your civil rights or public policy. Wrongful termination in California occurs when an employer fires an employee for an unlawful reason. Let’s dive into the three most common unlawful reasons for termination. 

Discrimination-focused Terminations

Terminations based on different types of discrimination are unfortunately quite common in the United States of America. California does, however, have the Fair Employment and Housing Act, which protects employees from workplace discrimination. 

This law covers all forms of discrimination — racial, gender, age, religion, national origin, and pregnancy. If you believe you were fired or let go because of discrimination, you may be entitled to a wrongful termination claim. 

Retaliation-based Termination 

Retaliation termination is another big concern in the workplace. If a worker reports aspects like safety violations, any form of harassment, fraud, or unfair wages to human resources, and the employer decides to fire that employee, California law protects the employee. Timing is everything during these kinds of claims. If your lawyer can show the timeline from your report to your termination, that is usually enough for the claim to be in your favor. 

Public Policy Violations

California courts have also found that employers cannot fire workers for refusing to commit an illegal act or for performing a civic duty like jury service or for exercising a constitutional right. These kinds of termination claims are rarer than discrimination and retaliation, but they do happen, usually when the employer makes a quick decision to terminate without knowing employee rights in California.

Exceptions to the Law

Beyond the wrongful termination protections we just described above, California law recognizes a few other important exceptions to at-will employment that can affect an employee’s rights. 

If you are part of a worker who is part of a union, like California letter carriers, for example, you also have another form of termination protection under the union’s collective bargaining contract with the employer. These agreements frequently require employers to show just cause before terminating an employee.

There are also exceptions called implied contracts. Even without signing a contract, a company’s policy that says it needs to give probable cause for termination, or even a documented conversation about your job security with the employer, protects you. California courts have upheld these claims in cases where employees reasonably relied on implied promises made to them during their employment.

The last exception has to do with individual contracts. This is if you have signed a contract that you and the employer have created together by negotiating terms. You are no longer working at-will, and both you and the employer must follow all the stipulations highlighted in that contract, including the terms of termination. 

What to Do Next

If you believe you were fired due to an unlawful reason, the best thing you can do is act quickly. Wrongful termination claims in California are best handled within months of the termination. Some claims also have deadlines as short as a year. Once you to start acting on your unlawful termination claim, follow these steps: 

• Document everything: Emails, conversations, notes, complaints, and any form of communication that has to do with your conduct at work or termination is admissible in a wrongful termination claim. Make sure to date these and write down who was involved, with their titles and status on the company’s hierarchy. 
• Review your employer’s policies: Triple-check all of the documents you were given when you started working, and check if any policies have to do with employee termination protocols. 
• Gather any witness testimonies: If any other workers were privy to an unfair conversation about your termination or conduct at work, ask them to be a witness. 
• Contact Jacob Emrani: Having an experienced wrongful termination lawyer in your corner early will give you peace of mind and provide you with a leg up during the claim. The Law Offices of Jacob Emrani deal with wrongful termination claims all the time.

You are also entitled to compensation if you were fired for unlawful reasons. This concerns backpay, front pay, lost wages, emotional distress, and, in some cases, punitive damages. Jacob Emrani will fight for you to receive fair and sometimes significant compensation.

Call Jacob Emrani For All Wrongful Termination Claims

Being fired without cause is a painful experience, but it does not always mean you are the one at fault. If your employer crossed a legal line, like discrimination-based termination, you deserve to fight back, and you deserve fair compensation. Jacob Emrani is a California employment attorney dedicated to protecting the rights of workers throughout the state. Call us today for a free consultation.