If you were recently terminated from your job based on discrimination, retaliation, or another unlawful reason, you may have a wrongful termination case. While California employers can terminate employees for almost any reason, at any time, that doesn’t mean they can violate state or federal protections. Below, we’ll walk you through what wrongful termination means, common examples, and the steps to take to build your case and pursue the compensation you deserve. 

What Is Wrongful Termination in California?

Wrongful termination occurs when an employer in California fires an employee for reasons that violate state or federal labor laws. While California is an “at-will” state, meaning employees can be fired without cause, there are legal exceptions. 

An employer can’t fire someone for unlawful reasons, such as discrimination, retaliation, or because they exercised protected rights. Termination can also be considered wrongful if it violates the terms of an employment agreement, such as a written contract or promises of continued employment.

When a termination crosses these legal boundaries, the employee may have grounds to file a claim or lawsuit. If they win, they can recover compensation for lost wages, benefits, and other damages.

At-Will Employment vs. Illegal Termination

California’s at-will employment law means employers can terminate staff at any time, with or without notice or cause. However, this does not give employers the right to fire someone for illegal reasons. 

Illegal termination occurs when the dismissal violates state or federal law, an employment agreement, or public policy, including:

• Discrimination: When an employee is fired based on their race, religion, gender, age, sexual orientation, or medical condition.
• Retaliation: Firing an employee for engaging in protected activities, such as making a safety complaint, filing a wage claim, or taking a legally protected leave. 
• Public policy violation: Terminating an employee because they refused to break the law or report illegal acts.

Termination can also be considered unlawful when it violates a written or implied employment agreement. If the employee has a contract that specifically outlines terms for termination, such as requiring cause or advance notice, firing them outside of those terms can constitute illegal termination. 

Common Examples of Wrongful Termination

In California, wrongful termination occurs when an employer fires an employee for a reason that violates state and federal laws, public policy, or the terms of their employment agreement. 

Some of the most common examples include terminating an employee:

• Based on their race, age, or gender, religion, or sexual orientation.
• After they report harassment, discrimination, or safety concerns.
• For complaining about unpaid wages, missed breaks, or overtime. violations
• Requesting to take leave protected by the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA).
• For being injured on the job and filing a claim for workers’ compensation benefits.
• Refusing to perform an illegal act.
• After announcing a pregnancy or taking pregnancy leave.

Employers must also create safe work environments that are free from unlawful harassment and retaliation. If an employee is forced to resign because their workplace has become so hostile or intolerable, the situation may be considered constructive termination and qualify as wrongful termination under California law.

How to Prove Wrongful Termination

To prove unlawful termination, employees must be able to demonstrate that the firing violated state or federal laws, rather than being a lawful at-will decision. Gathering evidence such as emails, witness statements, pay stubs, and performance reviews can help establish the real reason for the termination and show that it wasn’t based on legitimate business interests.

Employees must also be able to demonstrate that the employer’s reason for the firing is untrue or inconsistent. Showing a history of strong performance, positive reviews, and a lack of prior offenses can help support the claim and prove that the employer’s stated explanation was untrue. 

If the termination followed a protected activity, such as filing a complaint or taking medical leave, establishing the timing can help make a connection. Evidence that other employees in similar circumstances were treated differently can support the claim and show that you were singled out or treated unfairly. 

What to Do If You Were Wrongfully Terminated

If you’re wrongfully terminated in California, you can build a case against your employer and file a complaint with the California Civil Rights Department (CRD). Start by gathering evidence and establishing a clear timeline of events leading up to your termination. The statute of limitations to file your claim depends on the situation. Most claims filed with the CRD have a three-year window from the date of the violation, while some wage claims have a shorter six-month timeline. 

Saving emails, text messages, performance reviews, and any other written communication from your employer can help build your case. You can also request a copy of your personnel file and any termination documents to better understand your employer’s reason for dismissal.

Consulting an experienced employment lawyer can help you determine if you have a valid claim and what your next steps should be. They can help you navigate the legal process and file the complaint with the appropriate agency, such as the CRD or Labor Commissioner. 

Once you hire an attorney, they will begin reviewing your evidence and building your claim. They’ll often send a demand letter to your employer, gather additional documentation, and prepare your claim for filing. Your attorney will also handle negotiations with your employer and their legal team on your behalf, and work to settle the case before going to court. If they’re unable to reach a resolution, your lawyer will represent you throughout the legal process and fight for fair compensation. 

What Compensation Can You Recover?

Wrongfully terminated employees can recover compensation for financial and personal losses. Settlements are often awarded based on factors like lost income, the circumstances of the termination, and the impact it had on the employee. Compensation can include:

• Back pay: Wages, bonuses, and benefits lost from the date of the termination. 
• Lost future wages: Income for future earnings, if the employee isn’t immediately reinstated.
• Emotional distress: Compensation for anxiety, stress, and emotional suffering caused by the termination. 
• Punitive damages: In cases involving malice, oppression, or fraud, additional damages may be awarded to penalize the employer.
• Attorney fees: The cost of legal representation and court expenses.
• New employment expenses: Reimbursement for costs associated with finding new employment, such as travel and resume services.

Wrongfully Terminated? Contact the Law Offices of Jacob Emrani

If you believe you were wrongfully terminated due to discrimination, retaliation, or another unlawful reason, the Law Offices of Jacob Emrani is here to help. Contact our team today for a no-cost case evaluation, where one of our skilled employment lawyers will review your situation and begin building your case on your behalf. With millions recovered for our clients, you can count on our team to fight for what’s right and help you pursue the maximum compensation you’re entitled to.