The Most Common Grounds for Wrongful Termination Lawsuits in California

How Do California Employees Know When They Have a Wrongful Termination Case?

Employment in California is generally considered “at-will,” meaning employers can terminate employees at any time and for almost any reason, or no reason at all. However, California employees may have a wrongful termination case when their dismissal violates state or federal law. Knowing when a termination crosses that legal line and becomes an unfair termination is key to understanding whether you may have a valid claim.

California has some of the strongest worker-protection laws in the country, and they place clear limits on an employer’s right to fire an employee. A termination may be considered wrongful if it is based on discrimination, retaliation, harassment complaints, whistleblowing, medical leave, pregnancy, disability, or other protected activities or characteristics under California law. Even in an at-will employment relationship, employers cannot terminate workers for illegal or unlawful reasons.

For California employees, recognizing these red flags can help determine whether a termination was lawful or whether it may support a wrongful termination lawsuit. Because these cases often involve complex legal standards and overlapping state and federal protections, consulting an experienced California employment lawyer can help assess whether you have grounds for a claim and what compensation or remedies may be available.

5 Most Common Grounds For A Wrongful Termination Lawsuit

1. Employment Discrimination:
2. Employment laws prohibit termination based on protected characteristics like race, religion, gender, age, disability, and many more. If you suspect discriminatory reasons behind your termination, consult an employment lawyer for guidance.
3. Employer Retaliation:
4. Laws safeguard employees from retaliation for actions like filing complaints about wrongful conduct, taking family leave, or reporting illegal activities. If terminated due to retaliation, you might be eligible for damages.
5. Contract Violations:
6. Breach of employment contracts can be grounds for wrongful termination. Violations of contractual terms including those governing the end of employment may entitle you to sue for lost wages and benefits.
7. Wrongful Constructive Termination:
8. California law addresses wrongful constructive termination, allowing lawsuits even if not explicitly fired. For example, if forced to resign due to intolerable work conditions, you may have grounds for a lawsuit.
9. Public Policy Violations:
10. Firing employees for exercising legal rights, like refusing to perform illegal tasks or for reporting violations, is unlawful. If terminated for such reasons, you may claim damages for lost wages and benefits.
    
    

What To Do

If you believe you’ve been wrongfully terminated, we recommend taking immediate action:

• Consult with an experienced California wrongful termination attorney to establish a legal relationship.
• Preserve all relevant evidence, including written documents from your employer (termination letter, performance reviews).

Ensure you have copies of crucial documents and request any missing ones from your employer. An attorney can assist with assertive requests if needed. A California employment lawyer can guide you in evidence gathering and identify key elements for your case's progression.

Key evidence supporting an illegal termination claim can include:

• Recorded communications like emails or voicemails depicting harassing or prejudiced behavior from managers.
• Supportive accounts from co-workers who witnessed discriminatory actions, such as harassment by a supervisor.
• Company employment data indicating systemic prejudice, such as a lack of diversity in management positions.
• Oral interactions related to termination, job performance, or expectations about job security are vital. Document these, noting the date, place, and participants for each conversation.

Given the there can be multiple motives for a termination, which can include unlawful reasons, thorough documentation is crucial to establishing wrongful termination under California law.

What Can I Win?

California wrongful termination cases may result in various damages for the plaintiff, including:

• Lost Wages and Benefits: Back pay plus interest, accounting for wages and benefits you could have earned had you not been terminated and calculated up through a judgment.
• Job Reinstatement: Rarely sought, reinstatement includes restoring you to the same or similar position you held at the time of termination including the same seniority.
• Loss of Future Wages/Front Pay: What you would have earned in the future had the termination not occurred and calculated form the date of judgment to a certain point in the future.
• Emotional Distress/Pain and Suffering: Compensation for mental anguish, loss of enjoyment, anxiety, and more.
• Attorney’s Fees and Litigation Costs: Owed by an employer found liable for wrongfully terminating employees in specific cases, such as under the Fair Employment and Housing Act.
• Punitive Damages: Designed to punish the employer for egregious behavior, awarded in cases of oppression, fraud, or malice.
• Declaratory and Injunctive Relief: Depending on the base of the lawsuit, relief may involve court declarations or injunctions.

The damages you can pursue in your wrongful termination lawsuit depend on the specific facts of your case. To better understand your rights surrounding your termination, it is advisable to consult with an employment attorney who can evaluate the details of your situation.

Conclusion

California's employment statutes aim to safeguard workers from unjust dismissal, discrimination, and harassment. Should you suspect wrongful termination, an employment attorney can aid in holding your previous employer liable and securing rightful compensation for your ordeal.

Consult with LFECR, an experienced employment law firm that can provide guidance, support, and legal representation to help you pursue justice and hold your former employer accountable for their actions. You can navigate the legal process and work towards a fair resolution with the right legal counsel. 

If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity. 

Call 844-950-0696 today for a free and confidential consultation to get the help you need and deserve.

Frequently Asked Questions



1. Can I be wrongfully terminated in California even if I am an at-will employee?
Yes. While California is an at-will employment state, employers cannot terminate employees for illegal reasons. A termination may be wrongful if it is based on discrimination, retaliation, harassment complaints, whistleblowing, taking protected leave, or other violations of California or federal law.

2. How do I prove my termination was illegal under California law?
Proving wrongful termination often involves showing evidence that your employer’s stated reason for termination was a pretext for an unlawful motive. This can include emails, performance reviews, witness testimony, timelines of protected activity, or patterns of discriminatory behavior. A California employment attorney can help identify and organize this evidence.

3. How long do I have to file a wrongful termination claim in California?
Deadlines vary depending on the legal basis for your claim. Some wrongful termination cases require filing a complaint with the California Civil Rights Department (CRD) before going to court, while others have different statutes of limitations. Missing a deadline can bar your claim, so it’s important to act quickly.

4. Can I sue my employer if I was forced to resign?
Yes. Under California law, you may have a claim for wrongful constructive termination if your employer made working conditions so intolerable that a reasonable person would feel forced to resign. This can include severe harassment, discrimination, or retaliation.

5. What compensation can I recover in a wrongful termination lawsuit?

Depending on the facts of your case, you may be able to recover back pay, front pay, lost benefits, emotional distress damages, attorney’s fees, and, in some cases, punitive damages. The type and amount of compensation available depend on the specific laws violated.

6. Do I need a lawyer to file a wrongful termination claim in California?
While you are not required to have an attorney, wrongful termination cases can be legally complex and heavily contested by employers. An experienced California employment lawyer can help protect your rights, meet filing deadlines, and maximize potential compensation.

7. What should I do immediately after being terminated?
After a termination, you should preserve all documents related to your employment, write down key events and conversations, avoid signing severance agreements without legal review, and consult with a California wrongful termination attorney as soon as possible to understand your options.