What California Employees Should Know About Wrongful Termination
Losing your job is stressful under any circumstances, but when you suspect that your termination wasn’t fair or legal, it’s even more overwhelming. In California, most employment is “at-will,” meaning your employer can terminate you at any time, with or without cause. However, “at-will” doesn’t mean “anything goes.” Employers are still bound by state and federal laws, and there are clear situations where a firing crosses the line into wrongful termination.
If you’ve been let go and something doesn’t feel right, here’s what you need to know.
What Is Wrongful Termination?
Wrongful termination happens when an employer fires an employee for reasons that violate the law or public policy. Even in an at-will state like California, you cannot be terminated for illegal reasons.
Common Examples of Wrongful Termination
Some of the most frequent wrongful termination cases involve:
Discrimination: It’s illegal for employers to fire you based on your race, gender, sexual orientation, religion, age (40+), disability, or other protected characteristics under the Fair Employment and Housing Act (FEHA).
Retaliation: Were you fired after reporting harassment, discrimination, wage violations, or unsafe working conditions? California law prohibits retaliation against employees who assert their rights.
Whistleblowing: If you reported illegal activity within your company or to a government agency, your employer cannot fire you in response.
Violation of Public Policy: You can’t be terminated for reasons that go against fundamental public policies. For example, serving on a jury, taking legally protected family or medical leave, or refusing to engage in illegal acts.
Breach of Contract: If you had a written or implied contract promising job security, and your employer violated that agreement, it may constitute wrongful termination.
What to Do If You Think You’ve Been Wrongfully Terminated
If you believe your firing was unlawful, here are a few steps you can take:
Document Everything: Keep records of emails, performance reviews, messages, or incidents that support your claim.
Request Your Personnel File: Under California law, you can request access to your personnel file to review the reasons your employer documented for your termination.
Consult an Employment Attorney: An attorney experienced in wrongful termination cases can help you understand your rights, gather evidence, and determine whether you have a case.
Why It Matters
Wrongful termination isn’t just about losing a job, it’s about protecting your dignity, financial stability, and legal rights. These cases can also lead to broader changes in workplace practices, preventing future violations for other employees.
Final Thoughts
Being fired unfairly can feel devastating, but you don’t have to face it alone. Understanding your rights is the first step toward protecting yourself and holding your employer accountable.
If you think you’ve been wrongfully terminated, ARS Counsel is here to help. We advocate for employees across California to ensure that the law works for everyone, not just employers.