California operates on at-will employment. This means an employee or employer can terminate the employment agreement without justification. However, the law creates some exceptions under which the employer cannot terminate a worker. An employer cannot fire you for discriminatory reasons or in retaliation against you. If they do so, they could be held liable for unlawful termination. Being fired wrongfully can not only affect your career but also cause unnecessary financial and emotional distress.

Based on the reason you were fired, you could report wrongful termination to different federal and state agencies. These include the California Civil Rights Department and the U.S. Equal Employment Opportunity Commission. After receiving your complaint, these agencies will investigate the matter and take appropriate action against the employer. The following are some of the ways through which you can be wrongfully terminated in California:

Firing Due to Protected Characteristics

California law makes it unlawful for an employer to terminate your employment because of protected characteristics. The Fair Employment and Housing Act protects employees from discrimination for these characteristics:

  • Race
  • Religion
  • Pregnancy
  • Gender Expression
  • Sex
  • Sexual orientation
  • Disability
  • Age
  • Gender identity
  • Medical condition
  • Military status
  • Marital status

Wrongful termination happens when a protected characteristic influences the employer's decision. When filing for unlawful termination, there may be circumstances surrounding the employer's decision that will help prove the claim. The following can be used to prove that there is wrongful termination:

  • Supervisor statements
  • Change in treatment
  • Employment documentation
  • Timing of the termination

If you are unsure of the right steps to take after termination for a protected characteristic, you will need the insight of an employment lawyer.

Termination for Reporting Unlawful Conduct at the Workplace

As an employee, you are entitled to report any unlawful conduct that occurs at the workplace. These may include:

  • Wage violations
  • Fraud,
  • Safety violations,
  • Harassment
  • Discrimination

In California, statutes protect against retaliation for disclosing certain forms of prohibited activity. According to the provisions of California Labor Code 1102.5, your employer will not be able to retaliate against you should you disclose actions that are in breach of California state and federal law. You can report unlawful conduct at work to:

  • A supervisor or manager
  • A person with the authority to investigate or correct the problem
  • A government agency
  • Other appropriate public body

An employer cannot lay off an employee simply because they made a protected report. In addition to termination, retaliation can take other forms, including:

  • Demotion
  • Discipline
  • Adverse treatment at work

If you believe you were laid off after reporting unlawful conduct, you will need legal guidance.

Firing After Reporting Harassment or Discrimination

Employees in California have a right to work in a safe environment. Workplace harassment can manifest in various ways. These are physical, sexual, or emotional harassment. Harassment could come from your employer, supervisors, or other employees. If you fall victim to workplace discrimination, you can report it to your employer or other relevant authorities.

However, some employers do not take these reports well, as they can ruin their company's reputation. Therefore, they can retaliate against you through termination. California law protects employees who report workplace harassment or discrimination. The protection applies even if an investigation reveals that the alleged conduct does not amount to discrimination or harassment.

An employer cannot use your complaint as a reason to punish you or force you out of your job. In addition to termination, retaliation may include reduced work hours, demotion, and other adverse actions. The timing of your termination can help determine whether it constitutes retaliation. If the employer fires you shortly after reporting harassment or discrimination, you could have a solid case.

Firing Due to Pregnancy

The law protects employees from termination because they are pregnant. This means that an employer cannot treat pregnancy as a reason to end your employment. This protection applies not only to pregnancy but also to childbirth and other complications that may arise from pregnancy. If you are pregnant, your employer should make reasonable accommodations for you. The accommodations may include:

  • More frequent breaks
  • Changes to work duties
  • Time off to attend medical appointments
  • Pregnancy disability leave

At times, it might become difficult to prove whether pregnancy is related to the termination, since employees provide other causes for the termination, which may include either poor performance or misconduct. However, key evidence can come from the timing of the termination and how the employer treated you before the firing.

If your employer begins to treat you differently after revealing your pregnancy, you must document any interaction. If the employer fires you soon after, you can use this to show that the pregnancy caused the termination.

Massive Layoffs With No Prior Notice

Before making large layoffs, an employer must legally provide notice to employees. According to the WARN Act, the employer must give notice within 60 days of layoffs, relocations, or plant closures. These laws apply only when specific requirements are met. The number of employees and the size of a company can impact whether these laws apply. A qualifying mass layoff may involve many employees losing their jobs.

If your employer carries out a covered layoff without proper notice, affected workers may have a claim for unlawful termination. In a successful claim, you can be compensated for back pay and the value of other benefits you missed. However, not every large layoff violates the WARN Act. If you were suddenly laid off as part of a large workforce reduction, you would need legal insight. Your attorney can determine whether the employer adhered to California's notice requirements.

Firing for Seeking Disability Accommodations

Employees with disabilities are entitled to reasonable accommodations at the workplace. The purpose of an accommodation is to help you perform your job despite limitations caused by a disability. Depending on your situation, an accommodation at the workplace may include:

  • Changing your work schedule
  • Modifying certain job duties
  • Providing assistive equipment
  • Allowing time to seek medical care
  • Moving you to a different workspace

Asking for housing is not the same as refusing to do your job. Therefore, an employer cannot fire you because of a disability or because you ask for reasonable accommodation. In some circumstances, an employer cannot deny an accommodation. This denial occurs if the accommodation can create undue hardship for other employees. In other cases, the employer can argue that you cannot perform the duties even with accommodations.

However, firing you for requesting an accommodation is unlawful. In such a case, you are entitled to file an unlawful termination or retaliation claim.

Termination That Violates Your Employment Contract

When a company or organization offers you a job, you may sign a contract of employment. In addition to specifying your salary and terms of employment, the contract can grant you certain rights. It may explain how and when your employer can end your job. Your employer should follow those terms when deciding to end your employment. Some employment contracts may require:

  • Advance notice before termination
  • A specific reason for firing you
  • Payment of promised wages before termination

In case your employer does not observe these conditions, the termination is said to violate the contract, and hence, you can file a wrongful termination claim where the employer breached a contract. However, not every employee has a contract. Many California employees work under at-will arrangements. This means an employer can end the employment relationship at any time.

Even in such cases, some exceptions and protections prevent wrongful termination. Whether an employer is justified in terminating you depends on the nature of your contract and the events leading to such action.

Termination for Taking a Legally Protected Leave

California law protects employees on protected leave. Your employer cannot punish you simply because you used a leave period. Retaliation in this case does not always mean immediate termination. Sometimes the employer may try to make you quit by creating an unwelcoming work environment. This may happen through:

  • Cutting your work hours
  • Removing important duties
  • Giving you unfair discipline
  • Changing your position with no valid reason
  • Creating pressure for you to resign

When presenting your wrongful termination claim, the timing of these actions can help validate your case. If the issues began after your return from protected leave, you may have a solid case. Taking leave does not prevent an employer from making lawful business decisions. Therefore, not all changes can amount to wrongful acts.

Find a Competent Workplace Harassment Lawyer Near Me

In California, an employer cannot terminate your employment for a reason that violates state or federal law. Wrongful termination can take different forms. These include firing due to discrimination, retaliation, or termination that breaches an employment agreement. You can claim wrongful termination if the employer fires you for taking a protected leave and reporting discrimination. Also, the employer cannot fire you for seeking disability accommodations at work.

Sometimes, there are warning signs that may appear before you lose your job. These warnings may include unfair treatment or actions intended to force you to quit. If you fall victim to unlawful termination, you can file a lawsuit against your employer. When navigating a claim, it pays to hire and retain a seasoned lawyer.

At Stop Unpaid Wages, we offer reliable legal insight for our clients battling wrongful termination claims. Contact us at 424-781-8411 from anywhere in California to discuss your case.