In California, if your termination is in violation of your legal protections and/or if you have been terminated for discriminatory reasons, you may have a wrongful termination claim. California is an “at-will” employment state, which means employers can typically terminate an employee as they deem fit. However, wrongful termination claims can arise when specific legal rights are violated.
Below are some examples of common wrongful termination claims in California:
Harassment: Negative or insulting comments related to gender, race, religion, age, disability, or sexual orientation. Unwelcome sexual advances or retaliation for rejected advances. Notably, while harassment often involves discrimination, not all harassment is discriminatory. For example, if a manager verbally abuses an employee and then fires them for filing a complaint with human resources (HR), this could be considered a retaliatory wrongful termination, even if discriminatory language was not used.
Discrimination: Employers cannot fire employees based on factors such as race, gender, sexual orientation, age, disability, pregnancy, or political activity.
Retaliation: Employers cannot retaliate against employees who exercise their legal rights, such as filing a complaint or participating in protected activities. Reporting legal, safety, or health violations, taking time off for health and welfare and retaliation for political activity outside of work hours are all prohibited.
Whistleblower Activities: Wrongful termination can occur when an employer fires an employee for reporting a potential violation of law by the employer to a government agency or law enforcement agency. California’s whistleblower protection law prohibits retaliation against employees who report suspected violations of law by their employer. Understanding employee protections for wrongful termination can help you navigate job loss and seek appropriate legal advice if needed.
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