Were you unjustly terminated from your job? Being told that you are no longer employed is a crushing blow, but there may be actions you can take against your employer if your termination involved unlawful circumstances.
Many workers are fired after they complain about harassment, unpaid wages, and unsafe conditions in the workplace. You have the right to a safe and respectful work environment, and you cannot be fired for speaking out about these issues when they affect you and others at your job. In short, you have the right to demand answers and compensation for your monetary losses if you are a victim of wrongful termination.
If you are looking for a lawyer in Highland, CA who can help you with a wrongful termination lawsuit, don’t hesitate to give us a call. We are proud to represent the workers of San Bernardino County and hold employers responsible when they violate state and federal labor laws. Reach out to us at your earliest convenience to schedule a free case review.
How Wrongful Termination is Defined under California Law
Wrongful termination refers to the act of firing someone in a manner that violates existing laws, public policy, or a contract between the employer and employee. Because California is an at-will employment state, workers are under the assumption that they can be fired at any time, and there is nothing they can do about it.
However, exceptions do exist that protect you from termination, like firing a worker based on characteristics like gender, race, disability, religion, or sexual orientation. Doing so violates anti-discrimination laws that prohibit adverse employment actions based on a protected category. In addition, employers cannot fire an employee if they file a complaint with HR, the state labor board, or any other entity about discriminatory practices by the employer.
Employers who breach written or implied employment contracts, or fail to follow their own established disciplinary policies and procedures, may also be guilty of wrongful termination.
Grounds for a Wrongful Termination Complaint
No two unlawful termination claims are alike, but the vast majority of cases fall under one of the following categories:
- Discrimination – Employers in California are banned from terminating a workers’ employer’s based on state and federally protected characteristics like disability, age, ethnicity, political affiliation, or gender identity.
- Retaliation – You have the right to participate in certain protected activities without fear that you will be fired from your job. For example, California employer cannot fire someone after they file a discrimination or harassment complaint or report illegal activity by their employer to a government agency.
- Public policy violation – Your employer is prohibited from terminating your employment if doing so violates public policy. A common example is when a worker is fired for refusing to commit fraud and other illegal activities on behalf of the employer.
- Whistleblowing – Under federal law, it is illegal for employers to fire an employee for reporting violations of environmental safety laws, healthcare regulations, SEC violations, and other unlawful acts. The California Whistleblower Protection Act also protects workers from losing their job when they report violations under the state’s anti-discrimination, wage and hour, and safe work environment laws.
- Breaching an employment contract – some workers have contracts with the employer that specify when and how they can be fired. If your employer has violated the terms of an existing contract, you would have a case for wrongful termination.
- Constructive discharge – Sometimes, an employer creates or contributes to a toxic work environment that forces an employee to quit. This is known as constructive discharge or constructive dismissal.
Constructive Dismissal Versus Termination as Retaliation
The concept of constructive dismissal merits further examination, as many people believe that it falls under the category of retaliatory firing. Certainly, one can argue that constructive dismissal is based on some level of wanting to get back at the employee for a workplace violation of asserting their civil liberties and employment rights. However, there are significant differences between constructive dismissal and firing based on retaliation.
Under California common law CACI No 2510, constructive dismissal takes place when you are effectively forced to resign from your job. Essentially, it would have to be shown that your employer created conditions at the workplace that were so intolerable, you had no choice but to give your job and leave.
Additionally, you must show that a reasonable person under the same circumstances would have done the same thing, i.e., resign from the position. Finally, it must be established that your employer created these intolerable conditions with the intent to drive you out, meaning they knew that the work environment would eventually cause you to quit your job.
Now, let’s take a look at retaliatory firing, which is against the law under Title VII of the Civil Rights Act of 1964, California’s Fair Employment and Housing Act, and the California Labor Code Section 1102.5. This type of termination occurs when you are fired for engaging in a protected activity, such as:
- Reporting harassment and discrimination to Human Resources or a regulatory agency
- Giving testimony / evidence against your employer in a workplace investigation
- Asking for reasonable disability or religious accommodations
- Taking protected leave time that you are eligible to receive under the CRFA or FMLA
- Complaining about overtime violations or making a request for unpaid wages
Protected Activities in the Workplace
Under the laws in California, your employer is prohibited from taking the actions listed below when you participate in a protected activity:
- Prevent you from talking a public agency or testifying in a legal proceeding over allegations of illegal activity by the employer.
- Prevent you from giving information to a government agency, another employee, lawyer, law enforcement agency, etc. by creating rules and policies against such conduct
- Taking punitive actions against you in order to prevent disclosure of certain information to regulatory bodies or law enforcement (termination, suspension, pay cut, denial of promotion, etc.).
- Terminating your employment or punishing you in some other way because you refused to engage in illegal activity as a part of your job duties.
A skilled and experienced employment lawyer can help you build a solid case by demonstrating the following elements:
- The activity you participated in is protected by California Labor Code Section 1102.5.
- Because you participated in said activity, you were subjected to adverse action from your employer
- There is a direct and identifiable link between the adverse action (firing you, for example) and your participation in a protected activity.
Please don’t delay in talking to a lawyer if you believe that you were wrongfully terminated by your employer. Locating and gathering evidence is a time-consuming endeavor, and the sooner you start, the better your chances for succeeding in a lawsuit against your employer. That’s why we urge you to contact our law firm today and learn about the legal actions that are available to you.
How to Tell if You were Fired Due to Discrimination
Frankly, the fact that California is an at-will employment makes it challenging to prove that you were fired for an unlawful reason. This is particularly hard when you are trying to establish that you were terminated because of discrimination. It’s essential to work with a workplace discrimination lawyer, who can investigate your case and gather evidence to support your allegations.
To give you an idea of the variables that are involved, here are some indicators of termination that are based on discriminatory practices:
- Unfair treatment – if you received different / unfair treatment compared to your colleagues who are not of the same protected class, there’s a good chance that you are a victim of discrimination. As an example, your employer is more lenient on your coworkers for making mistakes or not living up to performance metrics. This includes firing you for certain violations / performance issues, while others were allowed to keep their jobs.
- Negative Comments – were you subjected to harassing or negative comments related to your gender, age, sexual orientation, race, etc.? If you complained about the comments, it’s possible that retaliation and discrimination played a role in your termination
- Lack of Documentation – if your employer cannot give you a valid reason for why you are fired, supported by adequate documentation, this is a red flag that your termination may be tied to discrimination.
- Timing – when you were fired is a strong indicator of wrongful termination. Most of the clients we represent lost their job after filing a complaint for unlawful behavior, like sexual harassment and requesting accommodations for a disability. If you think back and realize that your termination came soon after such an event, you may have a case for discrimination resulting in wrongful termination.
What If I was Fired for Taking Protected Leave?
As a California employee, you may be eligible for leave time under the California Family Rights Act (CFRA). There is also a federal law known as the Family and Medical Leave Act (FMLA), which offers up to 12 weeks of unpaid leave to take care of your own medical needs or that of a family member. These laws are crucial to protecting employees from losing their job, being demoted, or other punitive measures when they ask for or return from leave.
Please note that you, as the employee, do not need to state that you are taking leave under the FMLA or CFRA. You only have to state why you are taking the time off, and as long as you are eligible, your employer must give you this time to deal with serious health issues or take care of a family member who is seriously ill.
If you face adverse actions from your employer after requesting protected leave or upon your return to work, you can file a complaint for wrongful termination on the basis of a public policy violation. You can also file a lawsuit to recover the financial losses resulting from the loss of your job.
Damages from a Claim for Wrongful Termination
Lost wages are the most obvious form of compensation available to those who were wrongfully terminated. How much you are entitled to is based on various factors, like how much time you had remaining on an employment contract and unpaid overtime / commissions.
Other compensation you may be entitled to include:
- Lost benefits – This is a broad category of work benefits, such as healthcare coverage, retirement plan contributions, and bonuses that you would have earned had you not lost your job unlawfully.
- Employment search costs – You could rack up expenses in your search for a new job, like getting additional training and paying for recruiting services.
- Emotional Distress – this is a non-economic form of compensation for the worker’s mental suffering, like depression, anxiety, grief, and mood disorders.
- Punitive Damages – if your case goes to trial and a jury rules in your favor, you may be awarded punitive damages if the actions by your employer constitute a gross violation of the law. This is a separate amount on top of your settlement that’s meant to punish your employer and set an example to others.
