California wrongful termination occurs when a person has been fired or laid off while exercising their legal work rights and duties, or acting in obligation to public safety. This happens when an employee is fired by an employer while refusing to violate a statute or performing a work requirement. An employee can file a lawsuit for wrongful discharge to seek damages though the help of a wrongful termination attorney in Los Angeles. In this guide we will explore what's wrongful termination, provides illustrative examples of wrongful termination, and offer a comprehensive checklist to help you understand your rights.
Table of Contents
Wrongful Termination Examples
- Sexual Harassment
- Hostile Work Environment
- Retaliation Over Workers' Compensation Claims
- Violations Of The Family And Medical Leave Act (FMLA)
- Wage And Hour Violations
- Whistleblower Retaliation
- Violations of the Worker Adjustment and Retraining Notification Act (WARN)
- Breach of Contract
- Discrimination Against a Protected Class
- Pregnancy Discrimination
- Race Discrimination
- Violation of Public Policy
- Violation of Company Policies
Wrongful Termination Checklist & FAQs
- Wrongful Termination Checklist
- What Is Wrongful Constructive Termination?
- How To Determine If You Were Wrongfully Terminated
- Contacting A Wrongful Termination Lawyer
What is Wrongful Termination in California?
Wrongful termination in California occurs when an employer unlawfully dismisses an employee in violation of state or federal laws. This legal protection extends to workers who face termination due to discriminatory reasons such as age, disability, or pregnancy status. California's robust employee protection framework also shields workers from being fired for exercising legally protected rights or fulfilling legal obligations connected to significant public policy concerns within the state. When employers fail to follow their own established termination guidelines or dismiss workers for prohibited reasons, the termination may be deemed wrongful under California law.
Is California an at-will state?
Yes, California is an at-will employment state, allowing both employers and employees to end their working relationship at any time without needing to provide justification. Unless limited by a specific employment contract, employers can dismiss workers for almost any legal reason, while employees retain the freedom to leave their positions whenever they choose. However, this at-will doctrine does not override protections against termination based on discrimination or other legally protected grounds.
Wrongful Termination Examples
In this section, we will examine various categories of wrongful termination. We will explore different scenarios across industries to help you better identify potential wrongful dismissal situations in your workplace.
1. Sexual Harassment Wrongful Termination
Sexual harassment wrongful termination occurs when an employee is fired for reporting sexual harassment or for refusing unwanted sexual advances in the workplace, which is illegal under Title VII of the Civil Rights Act of 1964. Successful claims may result in various remedies including reinstatement, back pay, punitive damages, and recovery of legal expenses.
In some companies, sexual harassment is so rampant and ingrained in the culture that it leads to a hostile work environment where employees struggle to be productive and effectively carry out their job duties. In some cases, employees are forced to quit because they are unable to tolerate the harassment anymore. An example of Sexual Harassment Wrongful Termination is when a retail assistant manager is fired after reporting that her supervisor repeatedly made explicit comments about her appearance and requested sexual favors in exchange for better shifts and promotion opportunities.
If you have been sexually harassed at work and believe that you were fired because of it, as retaliation for complaining about it or quit your job because you just couldn't take it anymore, you may be able to file a wrongful termination lawsuit seeking compensation not just for monetary damages, but also for the emotional pain and suffering such experiences have caused you.
2. Hostile Work Environment Wrongful Termination
Hostile work environment wrongful termination occurs when an employee is fired after complaining about or reporting severe, pervasive harassment or discriminatory conditions that interfere with their ability to perform their job. Employees who experience termination in these circumstances may be entitled to legal remedies including reinstatement, compensation for lost wages, and damages for emotional distress.
Companies that allow hostile work environments to persist often suffer from reduced productivity, increased turnover, and damaged workplace morale, leading some employees to feel they have no choice but to resign, which could constitute constructive discharge if working conditions were sufficiently intolerable.
3. Retaliation Over Workers' Compensation Claims Wrongful Termination
Retaliation Over Workers' Compensation Claims Wrongful Termination occurs when an employer fires an employee for filing or pursuing a workers' compensation claim after a workplace injury, which is illegal under most state laws and can result in legal remedies for the terminated worker. Workplace retaliation over workers' compensation is another common scenario that could result in wrongful termination. In such cases, employers may fire or lay off an employee after he or she has filed a workers' compensation claim due to an injury suffered on the job.
If you have been injured on the job and were fired after trying to apply for or receive workers' compensation benefits because you made the claim for benefits, you may have a wrongful termination lawsuit against your employer. Employers are also prohibited from firing or threatening to fire employees who testify on behalf of another employee in a workers' compensation proceeding. California courts have also ruled in the past that it is illegal for employers to retaliate against employees for missing work due to a work-related injury.
Similarly, when a worker becomes disabled because of a work-related injury, California law prohibits discrimination based on that disability. It is illegal as well for employers to fire employees for participating in rehabilitation services that are offered as a workers' compensation benefit.
4. Violations Of The Family And Medical Leave Act (FMLA) Wrongful Termination
The federal Family and Medical Leave Act provides protected leave from work when employees are ill, need to take care of a loved one who is ill or is caring for or bonding with a newborn or new baby.
Employees have the right to return to their job and to be free from retaliation for taking leave. Private employers must have 50 or more employees for at least 20 weeks a year to be covered by the law.
Employees are eligible for FMLA leave if they have worked at a job for at least one year and for at least 1,250 hours. Eligible employees can receive up to 12 weeks of unpaid leave for the following reasons.
- Birth and care of a newborn child.
- Care of an adopted or foster child.
- Caring for a family member who is suffering from a serious medical condition.
- If the employee is suffering from a medical condition that prevents him or her from doing his or her job.
- Caring for a member in the armed forces who is under medical care for a serious injury or illness.
If you were fired as a consequence of taking family or medical leave to which you are entitled under the law, you may have a wrongful termination lawsuit. An experienced Los Angeles employment attorney will be able to provide more information about pursuing your legal rights.
5. Wage And Hour Dispute Wrongful Termination
Wage And Hour Dispute Wrongful Termination occurs when an employer terminates an employee for raising concerns about unpaid wages, overtime violations, or other compensation issues, which violates labor laws and may entitle the terminated worker to damages and reinstatement. If you were fighting against your employer to secure unpaid wages, commissions, or overtime and got fired as a result, you may be able file a wrongful termination lawsuit. Wage and hour disputes can be complex and intimidating. But you have legal protections as an employee under California and federal laws.
Some of the common wage and hour violations we see include failure to pay minimum wage, not allowing employees to take rest or meal breaks, not paying workers overtime as required under labor laws, and misclassifying workers.
If you are filing a wrongful termination lawsuit over wage and hour issues, it would be in your best interest to compile documentation including pay stubs, employment contracts, company policies, schedules, etc. Such documentation can help bolster your claim and serve as valuable evidence.
6. Whistleblower Retaliation Wrongful Termination
Whistleblower Retaliation occurs when an employer fires an employee for reporting illegal activities, violations of regulations, or other misconduct to authorities or management, which violates whistleblower protection laws and can result in significant legal penalties for the employer. If you reported illegal activity on the part of your employer and were fired as a result, you may have a wrongful termination case. Below are wrongful termination case examples to help better demonstrate.
If you reported sexual harassment in your workplace to the company's human resources department and were fired soon after, that is a sign that your employer fired you as retaliation for reporting the harassment.
You may also have been wrongfully terminated if you were fired after blowing the whistle on the illicit activity at your workplace such as safety violations, fraud, etcetera. Using an employment lawyer to evaluate whistleblower violations can uncover evidence that may be overlooked.
7. Violations of the Worker Adjustment and Retraining Notification Act (WARN)
Violations of the California Worker Adjustment and Retraining Notification Act (Cal-WARN) in wrongful termination cases occur when covered employers fail to provide at least 60 days' advance written notice before conducting mass layoffs, relocations, or terminations at covered establishments. The Cal-WARN Act is enforced more strictly with fewer exceptions than its federal counterpart, and employers who violate it may be liable to each affected employee for back pay and benefits for the period of the violation, up to 60 days, as well as potential civil penalties of up to $500 per day. For example, a California technology company that closes its office and terminates 60 employees with only two weeks' notice could be required to pay each employee an additional 46 days of wages and benefits, plus civil penalties, for failing to comply with Cal-WARN's 60-day notification requirement.
8. Breach of Contract
Breach of contract occurs when an employer fires an employee in violation of terms specified in an employment contract, whether written, verbal, or implied. These contracts often contain specific provisions regarding the duration of employment, conditions under which termination is permitted, and required procedures for dismissal such as progressive discipline or severance arrangements. When employers fail to honor these contractual obligations, terminated employees may pursue legal action to recover damages including lost wages, benefits, and in some cases, specific performance requiring reinstatement. Courts typically examine the contract language, the circumstances of termination, and whether the employer acted in good faith when determining if a breach of contract occurred. For example, a university professor with a three-year contract who is terminated halfway through the term without the documented cause required by their agreement may have a valid breach of contract claim against the institution.
9. Discrimination Against a Protected Class
Discrimination against a protected class occurs when an employer fires an employee based on their membership in a legally protected category such as:
- Race - Termination based on an employee's racial identity or characteristics is prohibited under federal and state laws.
- Color - Discrimination based on skin tone or pigmentation is illegal, even among people of the same race.
- Religion - Firing employees due to their religious beliefs or practices violates employment protections.
- Sex (including pregnancy, sexual orientation, and gender identity) - Termination based on these characteristics is prohibited under Title VII and other laws.
- National origin - Dismissal due to an employee's country of birth, accent, or ethnicity constitutes illegal discrimination.
- Age (40 and older) - The Age Discrimination in Employment Act specifically protects workers over 40 from age-based termination.
- Disability (physical or mental) - The Americans with Disabilities Act prohibits firing qualified individuals based on disability status.
- Genetic information - The Genetic Information Nondiscrimination Act prevents termination based on genetic tests or family medical history.
- Citizenship status - The Immigration Reform and Control Act protects legal workers from discrimination based on citizenship status.
- Veteran status - The Uniformed Services Employment and Reemployment Rights Act prohibits discrimination against those who have served.
- Marital status - Many state and local laws prohibit termination based on whether an employee is single, married, divorced, or widowed.
- Family status or familial responsibilities - Discrimination against employees with children or caregiving responsibilities is prohibited in many jurisdictions.
- Ancestry - Termination based on an employee's lineage or descent is illegal under various anti-discrimination laws.
- Military status - Active duty, reserve status, or veteran status are protected categories in employment decisions.
- HIV/AIDS status - Many jurisdictions specifically protect employees from discrimination based on HIV or AIDS status.
- Criminal history (in jurisdictions with "ban the box" laws) - These laws restrict when and how employers can consider criminal records in employment decisions.
- Domestic violence victim status - Some jurisdictions prohibit adverse employment actions against victims of domestic violence.
- Political affiliation (in some jurisdictions) - Certain states and localities protect employees from termination based on political views or activities.
- Medical condition - Various laws protect employees from discrimination based on medical conditions that don't rise to the level of disability.
- Union membership or activities - The National Labor Relations Act prohibits discrimination against employees for union-related activities.
These discrimination terminations often follow a pattern where the employer treats the protected employee differently from similarly situated colleagues, subjects them to harassment, denies them opportunities afforded to others, or creates pretextual reasons for dismissal that mask discriminatory intent. Victims may pursue remedies through the Equal Employment Opportunity Commission or state agencies before filing lawsuits seeking reinstatement, back pay, front pay, compensatory damages, and in cases of willful violations, punitive damages. For example, an IT professional over the age of 60 who is terminated during a "restructuring" while younger employees with less experience and lower performance ratings are retained and even promoted could have a valid age discrimination claim.
10. Pregnancy Discrimination
Pregnancy discrimination occurs when an employer fires an employee because she is pregnant, has given birth, or has a medical condition related to pregnancy or childbirth, which is explicitly prohibited under the Pregnancy Discrimination Act of 1978 and other federal and state laws. This form of discrimination often manifests when employers make assumptions about a pregnant employee's capabilities, availability, or commitment to work, leading to adverse employment actions despite satisfactory job performance.
Many wrongfully terminated pregnant employees report sudden performance criticisms, reduced hours, or exclusion from workplace opportunities following pregnancy disclosure, creating a documented pattern of disparate treatment. Beyond reinstatement and back pay, victims may be entitled to compensatory damages, punitive damages, and coverage of legal fees depending on case specifics and jurisdiction. For example, a retail manager who was terminated shortly after announcing her pregnancy, despite years of positive performance reviews and being told by her supervisor that "customers don't want to see pregnant women on the sales floor," would likely have a strong case for a Los Angeles pregnancy discrimination attorney to pursue.
11. Race Discrimination
Race discrimination wrongful termination occurs when an employee is fired based on their race, ethnicity, skin color, or racial characteristics, which violates Title VII of the Civil Rights Act and may entitle victims to remedies including reinstatement, back pay, and damages. State and federal laws are crystal clear that it is unacceptable for any employee to be treated unfairly because of his or her race or the color of their skin.
Racial discrimination in the workplace might include segregating employees of a particular race in certain jobs, making decisions about hiring, firing or promoting employees based on race, racial stereotyping, or making distinctions based on skin color.
When such discriminatory practices create a hostile work environment or if you are terminated due to racial discrimination or for complaining about it, you may have a valid claim for wrongful termination.
12. Violation of Public Policy
Violation of public policy occurs when an employer fires an employee for reasons that contravene established public policy, such as terminating workers for refusing to commit illegal acts, exercising statutory rights, performing civic duties, or reporting violations of laws designed to protect the public interest. This legal doctrine serves as an exception to at-will employment, recognizing that employers should not be able to use their economic power to coerce employees into actions that undermine important societal values or legal frameworks established for public benefit. Courts typically require the violated public policy to be clearly articulated in constitutional provisions, statutes, regulations, or judicial decisions, though the specificity requirements vary by jurisdiction.
Remedies to a violation of public policy may include reinstatement, back pay, compensatory damages for emotional distress, and in egregious cases, punitive damages. For example, a truck driver who is fired after refusing to exceed the federally mandated maximum driving hours or for reporting safety violations to the Department of Transportation would likely have a strong public policy wrongful termination claim.
13. Violation of Company Policies
Violation of company policies occurs when an employer fires an employee in a manner that contradicts the company's own established policies, procedures, or employee handbooks that create reasonable expectations about employment conditions and termination processes. These internal policies often outline progressive discipline steps, performance improvement procedures, or specific grounds for termination that, when not followed, may create legal liability for the employer despite the generally at-will nature of employment in most states. Courts may consider employee handbooks and policy manuals as creating implied contractual obligations that limit an employer's ability to terminate employees arbitrarily when these documents contain specific promises or procedures regarding job security or termination protocols.
Remedies may include reinstatement, back pay, and sometimes damages for emotional distress depending on jurisdiction and case specifics. For example, a retail employee terminated immediately for a single cash handling error when the company handbook explicitly states that such errors require a three-step progressive discipline process (verbal warning, written warning, then termination) would potentially have a valid claim for wrongful termination based on violation of company policies.
Wrongful Termination Checklist
- Was I forced to quit due to sexual harassment or an unfair workplace?
- Was I fired due to my race?
- Was I fired for claiming workers' compensation?
- Was I fired for taking family leave?
- Was I fired for demanding wages that were owed to me?
- Did the termination occur after complaining about discrimination or harassment?
- Did your employer provide the reason for termination in writing?
What is Wrongful Constructive Termination?
Wrongful construction termination is said to occur when an employee is forced to resign from their job because the employer was making it impossible for him or her to continue. In order to file a wrongful constructive termination claim, the employee must show that the employer deliberately created an "intolerable" work environment or allowed working conditions to exit that would cause a reasonable employee to quit because of them.
Wrongful constructive termination claims can also be filed in cases where the employer would not have been within reason to fire the employee in question because of an implied contract or public policy.
How to Determine If You Were Wrongfully Terminated
It is often fairly obvious when you have been wrongfully fired. If you answer "yes" to the questions below, you may have been wrongfully terminated:
- Were you fired because of your race, religion, age, disability or other protected
characteristic? - Did you lose your job because you needed to take family leave?
- Were you forced to resign because the sexual harassment in your workplace
because unbearable? - Did you lose your job soon after you filed a workers compensation claim?
- Were you fired because you asked to be paid wages that were rightfully owed to
you? - Did your employer fire you because you reported their unethical or fraudulent
practices to the government?
Contacting A Wrongful Termination Lawyer
If you have been illegally terminated from your job, the experienced Los Angeles wrongful termination attorneys at Kingsley Szamet Employment Lawyers can help you better understand your legal rights and options. We offer a no-win-no-fee guarantee, which means we don't charge you any fees unless you receive compensation. Call us at (818) 990-8300 for a free, comprehensive, and confidential consultation.
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