How To File A Wrongful Termination Lawsuit In California?

Employees are protected by both state and federal laws in the workplace. If an employer violates any of these laws, it may result in a wrongful termination lawsuit. Situations that may result in a lawsuit against an employer include:

Employment Discrimination 

Under California employment discrimination laws, it is unlawful for an employer to terminate an employee due to discrimination. Should an employer terminate an employee based on a protected characteristic, the employee has the right to file a lawsuit for wrongful termination based on discrimination. While federally protected characteristics listed by the Equal Employment Opportunity Commission include race, color, sex, religion, age, national origin, genetic information, and disability, California anti-discrimination laws offer additional protected classes. Marital status, medical condition, and military or veteran status are among the protected classes on California’s list. If an employer terminates an employee for reasons related to any of these protected classes, the employee has the right to take legal action against wrongful termination based on discrimination.

Employment Contracts

The presence of an employment contract may affect the chances of succeeding in a wrongful termination case. If you have an employment contract, it may mean that you are not an at-will employee. If the contract specifies the duration of your employment and does not state that you are an at-will employee, you may have grounds to sue your employer if you are terminated before the contract’s completion.

However, an employer can terminate an employee for cause if they breach the terms and conditions of the employment contract. Therefore, it is crucial to carefully analyze the circumstances leading to the termination and the terms of the contract to determine whether a wrongful termination claim can be made.

It is important to note that employee handbooks are different from employment contracts. An employment contract outlines the specific terms of your employment and only applies to you. In contrast, an employee handbook applies to all employees and generally states that employees are at-will unless they have a contract.

Violating Public Policy

It is illegal for employers to terminate employees for reasons that go against public policy. For instance, an employee cannot be fired for taking time off work to vote or serve in the National Guard. Employers are also prohibited from terminating employees who miss work due to jury duty.

Furthermore, employers are not allowed to fire employees for reporting sexual harassment or filing a workers’ compensation claim. Dismissing an employee for whistleblowing, or reporting illegal or wrongful actions in the workplace, also goes against public policy.

Constructive Discharge

If an employee leaves their job due to ongoing or severe mistreatment at work, they may have a constructive discharge case. Constructive discharge happens when an employee quits their job due to continuous mistreatment, such as harassment, discrimination, or intolerable working conditions, or adverse changes to their pay or job duties for non-work-related reasons, refusal to make reasonable accommodations for a disability, retaliation for whistleblowing, exercising rights under FEHA, or filing a workers’ compensation claim.

Under California law, constructive discharge is defined as an employer knowingly allowing or intentionally creating unbearable or aggravated working conditions that would make it impossible for a reasonable employee to continue working, leading them to have no choice but to quit. Unpleasant work conditions or quitting because you do not like your job or co-workers do not constitute sufficient grounds for a wrongful termination claim.