Updated on October 12th, 2023
Wrongful termination occurs when an employee is fired for illegal reasons. For example, an employee cannot be fired based on ethnicity, disability, race, gender, or religion.
By Brad Nakase, Attorney
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In California, employees are protected by various anti-discrimination and employment laws, which prohibit employers from terminating an employee based on certain protected characteristics. Wrongful termination occurs when an employer unlawfully fires an employee for reasons that violate these laws. Employees who experience illegal termination may be eligible to pursue legal remedies and seek compensation for the damages they suffered.
California’s Fair Employment and Housing Act (FEHA) is a key piece of legislation that safeguards employees from discriminatory practices. It prohibits employers from terminating employees based on the following protected characteristics:
Wrongful termination claims usually involve actual termination by the employer. If an employee voluntarily quits their job, it usually makes legal remedies for wrongful termination unavailable. That said, there exists an important exception to this rule:
If an employer knowingly creates an unreasonable, toxic work environment with the intention of forcing an employee to leave, the principle of constructive discharge may be applicable. In such cases, even if the employee chooses to resign, they may still have certain remedies and legal rights available to them.
Constructive discharge occurs when the working conditions become so intolerable that a reasonable employee would feel compelled to resign. In these situations, the employee’s resignation is considered involuntary, and they may be eligible to pursue a wrongful termination claim as if they were actually fired.
If an employee believes they have been subjected to illegal or unlawful termination, they should seek legal advice from an experienced employment attorney in California. An attorney can help assess the circumstances of the case, guide the employee on their rights, and determine the best course of action to seek justice and compensation for any damages suffered as a result of the wrongful termination.
Wrongful termination, including constructive discharge, is a serious violation of California employment law. To succeed in constructive discharge claim, an employee needs to be able to demonstrate the following elements:
Proving a claim for constructive discharge is a complex process, as it requires providing substantial evidence to support each of these elements. The employee must present documentation, witness statements, and other relevant evidence to establish that the employer’s actions were illegal, retaliatory, or discriminatory and led to the intolerable working conditions that forced them to resign.
Importantly, constructive discharge claims can be challenging to navigate, and seeking the assistance of an experienced employment attorney in California is essential. A skilled attorney can help evaluate the strength of the case, gather relevant evidence, and represent the employee’s interests in seeking justice and compensation for the wrongful termination.
You may have a claim for wrongful termination when an employer breaches the covenant of good faith and fair dealing, such as interference with your work, obstruction, lack of communication, deliberate inaction, or evasion.
In California, employees are hired on an at-will basis, which means that they may be fired at any time for any reason. An employer may, in fact, terminate an employee for no reason at all. Believe it or not, an employer can choose to fire an employee for using a cell phone or chewing gum. Unless an employee signed an employment contract with their employer, he or she may be fired for any reason under the sun. However, if the employment contract requires that there be a cause for termination, then the employee must be granted one. This means that if the employee is fired without a reason given, he or she may file a wrongful termination claim.
It should also be noted that federal and state employment laws, such as discrimination laws, apply even in at-will states. An employee who is fired for an unlawful reason such as discrimination can sue their employer for wrongful termination.
Federal law does not protect employees from political discrimination at work. In California, an employee is free to express their political opinions in the workplace. However, this freedom is only preserved in California, Connecticut, South Carolina, and Louisiana. There are laws in these four states that protect an employee’s right to express his or her political views in the workplace.
Other states also have certain laws that protect a citizen’s right to attend political rallies or to support politicians. However, if an employee in one of these states is terminated for a political reason, he or she should speak with an employment lawyer to see if their case qualifies as wrongful termination.
To prove retaliation, you must show that you were fired because of your complaint or report. It is possible for an employee to prove that he or she was terminated in retaliation for reporting an illegal practice at their workplace. In fact, federal laws protect whistleblowers from retaliation. Similarly, several states have laws protecting whistleblowers who report their employer’s unlawful actions. Employers are not allowed to punish or terminate employees who report wrongdoing or unlawful activities.
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