Wrongful Termination at Work

Wrongful termination is not only a personal injustice, but it is illegal under California and federal law. This unlawful act occurs when an employer terminates an employee for reasons that violate legal protections, such as discrimination, retaliation, or refusing to engage in illegal activities.

What is Wrongful Termination at Work

Wrongful termination refers to an illegal firing that breaches legal safeguards, even in California’s at-will employment system. While at-will employment allows termination for most reasons, it does not permit firings based on:

• Discrimination (e.g., race, gender, age)
• Retaliation for protected actions (e.g., reporting unsafe conditions)
• Breach of implied contracts
• Violations of public policy (e.g., refusing illegal tasks)
• Whistleblower protections

Understanding these exceptions helps employees identify when a termination is unlawful.

Examples of Wrongful Termination at Work

Wrongful termination can manifest in various ways, each tied to specific legal violations. Common examples include:

• Discrimination-Based Firing: Termination due to race, gender, age (40+), disability, or other protected traits.
• Retaliation: Firing after reporting harassment, wage issues, or taking protected leave (e.g., FMLA).
• Implied Contract Breach: Termination without cause despite verbal or written assurances of job security.
• WARN Act Violations: No 60-day notice before mass layoffs or closures.
• Workers’ Compensation Retaliation: Firing after filing an injury claim.
• Public Policy Violations: Termination for refusing to commit illegal acts (e.g., falsifying records).
• Whistleblower Retaliation: Firing after exposing employer misconduct.

Laws Protecting Your Rights at Work

Federal Protections

• Title VII of the Civil Rights Act: Prohibits firing based on race, color, religion, sex, or national origin.
• Age Discrimination in Employment Act (ADEA): Protects workers aged 40 and older from age-based termination.
• Americans with Disabilities Act (ADA): Prevents termination due to disability.

California Protections

• Fair Employment and Housing Act (FEHA): Bans discrimination, harassment, and retaliation based on numerous traits, including sexual orientation and gender identity.
• Labor Code Section 1102.5: Shields whistleblowers reporting illegal activities.
• Worker Adjustment and Retraining Notification (WARN) Act: Mandates 60 days’ notice for mass layoffs or closures.

These laws empower employees to seek justice for unlawful terminations.

How to Protect Yourself if You Experience Wrongful Termination at Work

If you suspect wrongful termination, prompt action is critical. Consider these steps:

1. Document the Incident: Note the date, time, and details of the termination, including any reasons given.
2. Review Agreements: Examine employment contracts or handbooks for implied job security terms.
3. Document Every Detail: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
4. File a Claim: Submit a complaint to the California Civil Rights Department (CRD) within 3 years or the Equal Employment Opportunity Commission (EEOC) within 300 days. An attorney can help you with filing these claims.
5. Consult an Attorney: An experienced California employment lawyer can assess your case and guide your next steps.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Act Now to Secure Your Rights” replace the text body with “Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.