Even though California is an at-will employment state, not every job termination is legal. While employers have broad discretion, they cannot fire someone in violation of state or federal laws, public policy, or established employment rights. In some cases, what appears to be a simple firing may legally qualify as wrongful discharge or wrongful termination in violation of state or federal laws. And if your employer fired you for an unlawful reason, you could have the right to receive financial compensation and other legal relief from a settlement, court, or government agency. Victims of wrongful termination in California can call Bibiyan Law Group, PC when they are ready to fight against mistreatment in the working world. We are aggressive, knowledgeable, and concerned about enforcing employees’ rights under California law and federal law. Reach out and speak with our Los Angeles wrongful termination lawyer today.
What Is At-Will Employment?
First, we should review what at-will employment means. In California, an at-will employee can be fired at any time for almost any reason or no reason at all. However, that freedom is limited by California law and applicable federal law, which prohibit terminations made in violation of state or federal laws. An at-will employee can also quit at any time for any reason. Now that you know what at-will employment is, we can discuss the exceptions to this default rule and when a termination crosses the line into wrongful discharge or wrongful termination in violation of state or federal laws.
California Wrongful Termination Laws
There are several ways that an employer can be responsible for unlawful termination in California. An employer that ends an employment relationship in one of the following ways has likely committed wrongful termination and may be liable under California law or federal law:
- Firing an employee because of personal characteristics protected by state or federal anti-discrimination laws,
- Terminating an employee in breach of an employment contract or collective bargaining agreement,
- Firing an employee for a reason that is against public policy or in violation of public policy,
- Terminating an employee in breach of an implied employment contract, or
- Firing an employee in violation of Worker Adjustment and Retraining Notification Act (WARN Act) requirements.
These situations may support a wrongful termination claim or lawsuit based on wrongful termination in violation of state or federal laws. If you were the victim of an unlawful termination in California, it is not always obvious from the outset. Many employees do not immediately realize that their firing was a violation of state or federal laws. You should speak to one of our experienced wrongful termination lawyers immediately to help make sure you do not miss any remedy to which you are entitled, including recovery of lost wages, emotional distress damages, and even punitive damages in appropriate cases.
Discriminatory Firings
Employees in California are protected by the California Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964. Under these laws, an employer cannot fire someone for any of the following reasons:
- Religion,
- Color,
- Gender,
- Race,
- Nationality,
- Sex,
- Genetics,
- Age (40 or older),
- Disability,
- Sexual orientation,
- Marital status,
- Military status,
- Medical condition, or
- Veteran status.
Terminating an employee based on any of these characteristics is a clear violation of state and federal law and may constitute wrongful termination in violation of state or federal laws. If your employer terminates you for any of the above-named characteristics, you can complain to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), or you can file a wrongful termination claim in court. The EEOC and DFEH also impose legal penalties on employers for firing employees who report other types of discrimination or help with discrimination investigations that their coworkers initiate.
Firings Against Public Policy
As an employee, you have several legal rights. And as a California resident or resident of the United States, you might have several legal obligations to engage in civic duties. Employers who terminate employees for asserting their rights or engaging in civic duties commit wrongful termination in California and may be acting in violation of public policy:
- An employee filing a valid workers’ compensation claim,
- An employee reporting for jury duty,
- An employee reporting or refusing to engage in illegal activity in the workplace, including conduct that would violate state or federal laws,
- An employee filing a claim regarding an employer’s violation of wage and hour laws under California law,
- An employee reporting for military duty, and
- An employee complaining about unsafe or unlawful working conditions or safety violations in the workplace.
These types of terminations may constitute a violation of state law, a violation of federal law, or both, and may support a wrongful termination claim or a wrongful termination in violation of state or federal laws. Speak to our experienced employment attorneys if you have lost your job for any of the above-listed reasons. We can help you take legal action with the right authorities and in the right venues and pursue compensation for lost wages and other damages.
Firings in Breach of Contract
While not required, some employers enter contracts with their employees that dictate how long the employee must remain in their position and limited grounds for termination. This contract can be written, oral, or implied. A collective bargaining agreement between your employer and a labor union might also give you rights against a frivolous termination.
Knowing whether you have rights under an implied employment contract can be tricky, but we can help you through that process. Your employer might be subject to the terms of an implied contract if its policies, its practices, the duration of your employment, or the nature of your professional advancement with your employer suggest a promise that you would be fired only for cause. A termination that breaches such an agreement may constitute wrongful discharge and a wrongful termination in violation of state or federal laws, entitling you to recover lost wages, benefits, and other compensation.
WARN Act Violations
The federal and California WARN Acts require certain employers planning mass layoffs or significant relocations to give affected employees at least 60 days’ notice of the changes. Failure to provide proper notice can amount to a violation of federal law and California law. If your employer is subject to the WARN Act and did not give you adequate notification of a layoff, you have a right to damages, which may include back pay, benefits, and compensation for lost wages during the notice period.
Bibiyan Law Group Can Champion Your Rights
Any termination of employment can be devastating, but it is even worse when you are fired for illegal reasons or in violation of state or federal laws. At Bibiyan Law Group, our large team of knowledgeable wrongful termination attorneys can make sure your employer does not get away with an unlawful firing. We work to hold employers accountable under California law and federal law, and in appropriate cases, we seek full compensation for our clients, including lost wages, emotional distress damages, and punitive damages designed to punish egregious misconduct.
Our legal team is on the cutting edge of the legal field to help ensure our clients have the best access to legal relief, and we are aggressive with unscrupulous employers. We are also well-known and well-respected among our clients and in the legal community. If you need a strong advocate, give us a call at 310-438-5555 or contact us online.