What Qualifies as Wrongful Termination in California?
Employers in California may be able to fire an employee at any time, but if you were terminated for a reason you believe may be illegal, you may be able to collect lost wages, benefits, and more. So what qualifies as wrongful termination in California?
What Qualifies as Wrongful Termination in California?
California is an “at-will state,” which means employees can be dismissed at any time (at will) without giving a reason to the worker. Workers typically do not have contracts, and employers are not under any obligation to keep them employed. However, federal and state laws do provide some protections for workers who might be dismissed for illegal reasons.
Today, we’re taking a closer look at the following reasons considered illegal in California:
- Breach of contract
- Discrimination
- Employer Retaliation
- Violation of legal time off
- Violation of public policy
Keep reading to learn more.
Contract Breaches
Contracts between worker and employer can be written or oral, explicit or implied. If a contract is not explicit, there still may be an implied promise of job security for a period of time with an implied commitment not to fire the employee without good cause.
The implied contract is valid, even though the employer hasn’t made actual promises but acts in a way that leads the worker to think he or she will remain employed.
Employer policies are often spelled out in a company handbook or published guidelines. These policies sometimes provide the framework for the employment contract and usually list the steps that must be followed to discipline and/or terminate a worker.
An example is giving a worker at least one warning before termination. If this policy is not followed for everyone, then there may be a case for breach of contract or discrimination.
Discrimination
Federal law provides protection to certain classes of workers against being terminated based primarily on being a member of that class.
These classes include race, color, national origin, sexual orientation and preference, pregnancy, age (over 40), religion, disability, genetic information, citizenship, marital status, AIDS or HIV status or other medical condition, military or veteran status, political activities or affiliations, or status as a victim of domestic violence, sexual assault, or stalking.
Employers may not make job decisions, including whether to fire a worker, based on these classes alone. If they do so, they are potentially guilty of violating any number of laws including Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA).
Employer Retaliation
According to the Retaliation Act of 1973, it is illegal for an employer to retaliate against workers for asserting their rights, including their right to work in a healthy and safe environment free from discrimination and harassment. If a worker feels these rights are being violated and the fact is brought to the attention of the employer and/or proper authorities, that worker is protected from retaliation from the employer.
Retaliation can take many forms. The worker can be reassigned to more difficult or less satisfactory work. The worker can be harassed, and/or asked to do tasks that other workers are not asked to do. The worker can be terminated unfairly; or the worker may just quit, thinking working conditions are no longer acceptable. In this case, the termination is considered involuntary. It is referred to as “constructive termination” and is a cause for a wrongful termination suit.
Filing a complaint against a company for unsafe or unhealthy conditions in violation of OSHA or other federal or state laws is the right of every worker. Termination as a result of this kind of complaint violates what is called the “whistleblower” law, and puts the employer in jeopardy of legal proceedings.
Similarly, filing a worker’s compensation claim is a legal right and one that cannot be the cause of retaliation in any form.
Violation of Legal Time Off
Federal and California laws allow workers the right to take time off for designated family and civic responsibilities. Employers may not fire or discipline their workers for exercising these rights. Protected leaves include the following situations:
- Family and Medical Leave
- Military Leave
- Voting and Jury Duty
- Pregnancy
Let’s take a closer look.
Family and Medical Leave
The Family & Medical Leave Act (FMLA) is a federal law that allows workers to take time off for medical or family emergencies. California has a similar law but it is modified somewhat to include domestic partners in the definition of “family member.” Workers who take the FMLA leave are legally entitled to return to their previous position following the leave.
Military Leave
Workers are permitted by federal law to take up to five years of leave to serve in the military and must be reinstated when they return to work. The law protects workers from being discharged without good cause for up to one year after they return from duty. It also protects them from discrimination based on their military service.
Voting and Jury Time Leave
If there is not enough time to vote during non-working hours, California allows workers time to casts their ballots with up to two hours of paid time off, taken at the beginning or end of the worker’s shift.
The state of California also allows workers unpaid leave for jury service. Employers may not penalize workers for jury service or they may be given wrongful termination penalties as well as criminal sanctions.
Pregnancy Leave
California employers with at least five workers must provide those eligible workers with up to four months of disability leave for pregnancy. The time given is in addition to the time off provided under the family and medical leave laws. A California worker is allowed to take four months off for a pregnancy leave and another 12 weeks off for nurturing and bonding.
California also grants up to 10 days leave to eligible workers to visit with a spouse who is on leave from active military duty. The state also provides time off for a child’s daycare or school activities, for domestic violence or drug abuse, for alcohol or drug rehabilitation or for bone marrow or organ donor leave. A worker may not be terminated for taking advantage of these protected leaves.
Violation of Public Policy
Claims of violation of public policy are similar to but slightly different from, retaliation claims. While retaliation claims are based on specific and specified rights and laws, claims for public policy violation need not be based on labor laws or even specific statutes.
If a worker is asked to do something illegal and is fired for not doing so, the employer is guilty of wrongful termination. No one should be fired for protesting or refusing to participate in illegal or unethical behavior.
Violating public policy resulting in wrongful termination is a form of personal injury, which means a worker can collect not only lost wages and benefits but also damages for emotional distress as well as punitive damages (if an employer’s actions are particularly egregious or harmful).
Conclusion
Employers in California can terminate an employee at any time, with or without notice. However, the state has created several laws that protect employees from being fired for reasons considered unethical.
- Breach of contract
- Discrimination
- Employer Retaliation
- Violation of legal time off
- Violation of public policy
If you were let go from employment due to one of these reasons, you can collect lost wages, benefits, and more. To get started, you need to find an attorney who specializes in employment law. This type of attorney will be knowledgeable of California employment law and guide you toward a resolution.
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