As a lawyer, I can inform you that California is an at-will employment state which means that employers have the right to terminate an employee at any time and for any reason that is not illegal. However, there are certain exceptions to this rule that can constitute wrongful termination.
Wrongful termination occurs when an employer fires or lets go of an employee due to discrimination, a violation of public policy, or retaliation for the employee’s legal actions. The following are explanations on these types of wrongful termination:
- Discrimination: Under California law, employers cannot terminate an employee based on protected characteristics such as race, gender, religion, national origin, sexual orientation, disability and age.
- Violation of Public Policy: Employees in California are also protected from termination when an employer requires them to engage in illegal or unethical conduct, such as refusing to break the law, refusing to lie in court, and refusing to cover up wrongful activities.
- Retaliation: Employers are not allowed to terminate employees for filing a complaint, participating in an investigation, or reporting workplace harassment or discrimination. Employers also cannot terminate employees who take medical leave or time off under the Family Medical Leave Act (FMLA).
If an employee believes they were wrongfully terminated in breach of any of these laws, they can take action by filing a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the incident. DFEH may request that the employee file a complaint with the Equal Employment Opportunity Commission (EEOC).
In conclusion, wrongful termination is an infraction of California employment laws that protect employees from discriminatory, unethical, and retaliatory treatment. Employees who believe that they have been wrongfully terminated should seek the advice of an attorney.
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