What Qualifies For Wrongful Termination In California?

Although it may not be as common as workers think, there are still situations where a firing can be considered unlawful. Here are some of the instances where termination is illegal in California.

• Breach Of Contract

Certain individuals have an employment agreement that offers job protection by imposing limits on the circumstances under which they can be terminated. These agreements usually specify that the employee can only be dismissed for “good cause” and identify what type of behavior is considered “cause.”

If the reason for termination does not align with the criteria outlined in the agreement, the employer is in breach of the contract. In such a scenario, the employee has the right to file a lawsuit.

• Breach Of Covenant Of Good Faith And Fair Dealing

When parties sign a legal contract, they are bound by an implicit covenant of good faith and fair dealing. This covenant requires both parties to avoid taking any action that would unfairly hinder the other party from receiving the benefits of the agreement. This includes refraining from misleading the other party or engaging in any behavior that gives them an unfair advantage.

In the context of employment, an employer is expected to cooperate with their employees to facilitate the completion of their work. Any actions that obstruct, evade, or intentionally mislead employees may be seen as breaches of the covenant of good faith and fair dealing.

If an employee is fired under such circumstances, they may have grounds to file a wrongful termination claim in California.

• Retaliation Of Complaints Of Sexual Harassment

If you experience workplace sexual harassment, your employer has a legal obligation to provide a work environment free from such behavior. Reporting any incidents of sexual harassment to your employer is your legal right, and they are prohibited from retaliating against you for doing so under California law.

Retaliation can include firing or taking other negative actions against you because of your complaint or participation in a sexual harassment investigation.

If you are fired because of your participation in a sexual harassment proceeding, you may have grounds for an unlawful termination lawsuit.

• Retaliation For Taking Family Or Medical Leave

To prevent discrimination, California laws protect workers who take or ask for family medical leave from being fired by their employers. If you use sick leave for medical treatment or preventative care, and you are fired within 30 days of using it, it is presumed to be a wrongful termination. It is up to the employer to prove otherwise. Moreover, employees can take up to twelve weeks of leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) without the fear of being fired. If you are fired during your FMLA leave or 90 days after returning from it, the law assumes it is a wrongful discharge, and your employer must prove otherwise.

• Whistleblower Retaliation

Your employer is not allowed to terminate your employment for reporting any illegal activities or violations of the law by your employer. This is known as “whistleblowing”. If you report any safety or health hazards at your workplace, and your employer terminates your employment as a result, it would be considered an unlawful termination.

• Retaliation For Complaining About Wage Law Violations

Your employer cannot terminate your employment for reporting or filing complaints about any violations of California’s state Labor Code regarding wage and hour regulations. This means that if you file a complaint about unpaid wages, overtime pay, or unpaid meal and rest breaks, your employer cannot retaliate against you by firing you. Even if you are advocating for the rights of other employees, you are protected from retaliation under the Labor Code. You are also protected if you file claims with the Department of Industrial Relations for unpaid wages or if you exercise any rights that are protected by the Labor Code.

• Pregnancy Discrimination 

An illegal form of termination is when an employer fires an employee because of their pregnancy status. It is prohibited under both the California Fair Employment and Housing Act and the Pregnancy Discrimination Act to terminate an employee because they are pregnant, have pregnancy-related medical issues, or made the decision to become pregnant. If an employee requests pregnancy-related accommodations such as leave and is denied or terminated as a result, this would also be considered discrimination based on pregnancy.

• Discrimination Against A Protected Class

The civil rights law of California prohibits companies with at least five workers from engaging in hiring discrimination on the basis of specific personal characteristics. These characteristics define a “protected class.” If an employee’s dismissal is due to their membership in a protected class, it may be deemed wrongful termination and provide a basis for a lawsuit. California recognizes various protected classes, including race, color, national origin, ancestry, sex, religion, age (if over 40), disability, genetic information, marital status, sexual orientation, gender identity, AIDS/HIV positive status, medical condition, political activities or affiliations, military or veteran status, victims of domestic violence, assault or stalking, or citizenship status. Some cities may also recognize additional protected classes. For example, San Francisco prohibits discrimination by employers based on an employee’s height and weight.

• Violation Of Public Policy

According to California law, employers may face a lawsuit for wrongful termination if they terminate an employee who is carrying out their legal obligations or exercising their legal rights or privileges, or acting in the interest of the public. This can occur when an employee is fired for refusing to violate a statute, performing a statutory duty, exercising a statutory right or privilege, or reporting an alleged violation of a statute that is of public importance. For instance, it is against the law to terminate an employee for taking time off to serve on jury duty since it is a legal obligation. Similarly, an employer cannot terminate an employee for refusing to engage in illegal activities such as fraud on behalf of the employer. However, for this violation to apply, the circumstances must potentially affect the public at large, rather than just the personal interests of the employee and employer.

• Other Forms Of Retaliation And Discrimination

There are several other specific situations in which your termination may be considered discriminatory or retaliatory under California labor laws if it is related to protected circumstances. For example, if you request lactation accommodations, ask for benefits available to victims of particular crimes, or serve as a volunteer firefighter, your firing may be deemed illegal. The California Department of Industrial Relations has a catalog of these and other specific laws that forbid retaliation and discrimination.