Los Angeles Wrongful Termination Lawyer

In an employment-at-will state like California, companies have considerable leeway when firing employees. “At-will” employment means that the employer or employee can end the working relationship at any time, for any reason. It can even be a bad, arbitrary, or irrational reason, or no reason at all. No warning or reason needs to be given by either the employer or employee.

Even though an employer can end the work relationship for any reason, the employer cannot do so for an illegal reason, such as discrimination, retaliation, or in violation of public policy. These illegal reasons are based on various federal and state laws, such as the California Fair Employment and Housing Act. Being a member of a protected class and participating in protected activities are never legitimate reasons to fire someone, so employees do have rights after a wrongful termination.

What Counts as Wrongful Termination Under California Law

Examples of wrongful termination include when an employee is terminated:

• In breach of an employment contract
• By discrimination, by race, age, sex, gender, disability, or any other protected status
• In retaliation for exercising a legal right or refusing to do something illegal
• After whistleblowing
• In violation of public policy

California Wrongful Termination Laws Protect Employees

Even though an at-will employer can discharge an employee for any reason, or no reason at all, a wrongful termination may occur when the substantial motivating reason for your discharge was based upon unlawful grounds. 

Protected Characteristics: When you were discharged because of your protected status or characteristic, including:

• Race, national origin, ancestry, or color;
• Religion;
• Physical or mental disability, or other medical condition;
• Age, for employees over 40 years old;
• Sex, including pregnancy and related conditions;
• Gender, sexual orientation, and gender identity or expression;
• Marital status;
• Genetic information; and,
• Military or Veteran status.

Protected Activities: California’s wrongful discharge laws also protect you from being terminated for participating in protected activities, which mostly involve exercising your legal rights. Examples include filing a claim for wages, workers’ comp, exercising your right to medical leave (such as under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)), or complaining about discrimination or harassment under the FEHA. 

Whistleblowing: It is illegal to fire an employee in retaliation for being a whistleblower, which means the employee reported a potential violation of the law to a government agency or the employer. For example, the employee may have complained about safety violations to OSHA (Occupational Safety and Health Administration), or reported potential fraud by the employer to law enforcement or a government agency, such as Medi-Care.

Public Policy: this typically means the employee: (1) refused to violate a statute; (2) performed a statutory obligation; (3) exercised a statutory right or privilege; or (4) reported an alleged violation of a statute of public importance. For example, it is illegal for an employee to be discharged for refusing to commit fraud. 

Enforcing Your Rights After Wrongful Termination

Employees who believe they were unlawfully dismissed may first be required to file a complaint with the California Civil Rights Department (formerly the California Department of Fair Employment and Housing (DFEH)), since you must exhaust your administrative remedies before you can initiate litigation. Depending on your specific situation, the CRDmay investigate, request a response from your employer, and/or require you to participate in mediation. If you are dissatisfied with the results, you can request a “Right to Sue” letter that allows you to file a lawsuit in court. In other cases, you might seek an immediate “Right to Sue” letter from the CRD.

In a wrongful termination case, you may qualify for various forms of relief, such as:

• Back pay and lost wages;
• Future pay or future earnings;
• Reinstatement of your position or a promotion;
• Damages for emotional distress or other non-economic damages;;
• Punitive damages in egregious cases; and
• Attorney’s fees and costs.