Generally, Californians are employed “at will,” which means they may stop working without notice, or their employer may fire or lay them off without explanation or notification. That doesn’t mean “wrongful termination” doesn’t exist. Wrongful termination occurs when your employer terminates you for an illegal, unlawful, or improper reason. Employers may be responsible for wrongful termination if they violate California or federal laws, a worker’s employment contract, or other legal provisions. Outlined below are the most common circumstances and grounds that establish a wrongful termination has transpired and the steps to take if you feel you have been genuinely wrongfully terminated.
Bases of Common Wrongful Termination Claim
Employers may not terminate a worker for the wrong reasons, but employees may leave for any reason. Some of these improper reasons include, but are not limited to, the following:
- Violating a written or verbal employment contract: An employer who violates the terms of the employment contract or agreement may be liable for wrongful termination. For example, if a contract guarantees continued employment for a set period or limits a company’s right to fire you, the company must keep its promise. Additionally, there is an implied agreement or contract between employer and employee, which will be discussed in greater detail below; however, such a breach is a cause for a wrongful termination claim. Employment agreements and contracts and their terms, conditions, and outlined benefits are to be honored by both employers and employees.
- Whistleblowing resulted in employee termination: Whistleblowing is usually about reporting illegal or potentially unlawful acts performed by your employer or the employer’s organization. Employees don’t have to be entirely confident or with absolute certainty in their assertion about a crime occurring. A good faith report of a violation of the law is all that is necessary. If the employee is fired, attempted to be silenced, or retaliated against, these are all examples of grounds for a wrongful termination claim.
- Neglecting identifying good cause when terminating an employee: A for-cause employee must be provided a reasonable explanation for a termination. However, it is still possible to claim wrongful termination even if you are an at-will employee and your employer terminated you without giving any reason. If you believe the employer violated your employment contract, discriminated against you, or prevented you from exercising your legal rights, you may wish to pursue a wrongful termination claim. The California Labor Code protects specific characteristics against employers and workplace discrimination, harassment, or retaliation. If any of California’s protected characteristics are discriminated against, you may have a strong wrongful termination case.
- Good faith and fair dealing covenant breached: When an employer acts in bad faith, preventing their employee from taking advantage of their employment benefits, the employee, as a result, suffers damages. Another example is when an employer intentionally tries to sabotage or interfere with an employee correctly performing their tasks and duties, and then that employee is fired. It is inferred in every employer-employee agreement and relationship that both parties will act in good faith and fair dealings when an employee signs on to work for an employer.
- Retaliation Against an Employee: Whistle-blower retaliation is not the only form of employee retaliation. An employee has the right to pursue a wrongful termination claim for retaliation for various reasons. Employees are shielded against employer retaliation after making a complaint, taking family leave, taking PTO, or attending jury duty, when a worker notifies their employer of a work-related injury to initiate a workers’ compensation claim or expose illegal activities as in whistleblowing. Both federal and California laws protect employees from workplace and employer retaliation. Whether you have been discriminated against or experienced retaliation at work after speaking up for what is right or your rights as an employee in California, you should consult an experienced California wrongful termination attorney immediately.
Wrongful Constructive Discharge, Dismissal, or Termination
Unfortunately, some employers create unbearable working conditions for their employees, and rather than firing them, they actively solicit them or force them to leave, to resign.
At-Will employees are, under such conditions, able to pursue a wrongful termination. However, other employees, such as those under contract, can potentially file a wrongful termination claim. When essentially forced to resign, individuals may no longer file for temporary or long-term assistance such as unemployment benefits, and frequently, they do not have another job lined up. These situations cause former employees to suffer in many ways and accrue damages. It is crucial to note that even if you were not terminated but instead quit, you may still maintain a case for wrongful termination.
Violations of Public Policy: If an employer asks or pressures you to participate in or perform illegal activities for their “benefit” or any reason. In addition, an employer cannot fire an employee for reporting illegal activities, complaining about workplace violations, or alleged mistreatment. It is upsetting, unfair, and wrong to be fired for refusing to break the law or reporting a violation of the law.
If you believe you have encountered a public policy violation, reviewing your situation and the details surrounding your employment and potential case with a seasoned wrongful termination attorney is wise, as these claims are particularly complex.
Obtaining Legal Guidance: A Professional Specializing in Wrongful Terminations
In addition to anti-discrimination, whistleblowing, and public policy statutes, employers must follow their policies, employment contracts, and employer guides. Moreover, employers should never engage in improper activities or force employees to resign, intimidate, or retaliate against employees. A California wrongful termination attorney can assist you if you have suffered such violations of federal and state laws. Contact an experienced California employment attorney today to schedule a complimentary consultation.
We offer a FREE initial consultation. One of our compassionate Employment Law Attorneys will be happy to answer your questions regarding a wrongful termination, the Whistleblower Protection Act, or any other Employment Law legal issue you may be dealing with. We will walk you through your legal options, to help determine whether or not you have a valid Wrongful Termination case.
To reach a San Bernardino Employment Law Lawyer, who works with clients throughout Southern California, call SANFORD A. KASSEL, A Professional Law Corporation at 909-884-6451, or complete our online Contact Form to schedule an appointment for a FREE consultation.
