Wrongful Termination Laws in California

What You Need to Know About Termination Laws in California

California employees have specific rights when being dismissed. Here’s everything you need to know about wrongful termination laws in California.

Wrongful termination occurs when an employee is unlawfully terminated or fired by their employer. Employers can be sued to recover wages and for damages accrued due to the unlawful termination.

Contact a Wrongful Termination Attorney from Her Lawyer if you believe that you have been a victim of wrongful termination.

What is Wrongful Termination?

Wrongful termination occurs when an employee is terminated for unjustified reasons. It is a situation in which the employee’s contract is violated by the employer. Terminated employees can sue their previous employer to recover damages.

“At-will” workers can be terminated for any reason. However, employers cannot terminate workers by discrimination, employment contract violations, or infringing upon their legal rights.

Grounds for a Wrongful Termination Lawsuit in California

Unlawful termination can occur for many reasons. Employers can be sued for wrongful termination caused by various forms of discrimination including discrimination on the basis of race, age, sex, gender, sexual orientation, pregnancy status, or family responsibility.

Unlawful reasons for termination also include:

Being fired for exercising legal rights
Violation of an employment contract
Physical and Mental Disability
Military or Veteran Status
Gender Identity/Expression
Criminal Conviction Termination
Family Responsibility Discrimination
Hostile Work Environment

Wrongful Termination Laws in California:

If an employee is forced to quit due to harassment, retaliation, threats, or a hostile work environment, their employer may be sued for wrongful termination.

Harassment and Retaliation Laws in California

Retaliation is when an employer acts in an illegal way causing harm to an employee due to the employee trying to speak up about their rights.

Employees are protected from wrongful termination on the basis of:

The Reporting of Unlawful Activities
Claiming of Workers Compensation
Workplace Health Complaints
Safety Complaints
Complains about Unpaid Wages/Overtime
Reporting Labor Code Violations
Retaliating against Health Care workers for reporting patient safety concerns. (Labor Code section 6310)
Occupational Safety and Health Administration Retaliation
Discrimination claims are dealt with by The California Department of Fair Employment and Housing and the federal Equal Employment Opportunity Commission (EEOC).

Laws that prohibit retaliation and discrimination are:

Labor Code section 96(k): Provides the labor commission the ability to claim loss of wages from retaliation during non-working hours, away from the employer’s premise.
Labor Code section 98.6: Protects employees who are filing complaints to the labor commissioner for unpaid wages, exercising rights, rights to express opinions, supporting work or elections. Employees can be awarded up to $10,000 for violations.
Labor Code section 230(a): Prohibits employer retaliation against workers who must take time off to serve jury duty.
Labor Code section 230(b): Prohibits employer retaliation against workers who are victims of a crime.
Labor Code section 230(c): Prohibits employers from discriminating or retaliating against employees who are victims of domestic violence, sexual assault, stalking, physical injury, or death of an immediate family member.
Labor Code section 230(e): Prohibits an employer from discharging or retaliating against an employee because of their status as a victim of a crime or abuse.
Labor Code section 230.1: An employer with 25+ employees is prohibited from retaliating against an employee who is a victim of domestic violence, sexual assault, stalking, or death of an immediate family member. Additionally, it gives employees time to seek medical attention or seek services. The worker must provide notice to their employer in advance.
Labor Code section 1197.5: Prohibits different pay based on sex, race, or ethnicity for similar work
Labor Code section 232.5: Prohibits discharging or retaliating against an employee who discloses information about working conditions. Employers cannot require employees to sign a waiver about disclosing information about the employer’s working conditions.
Labor Code sections 246.5: An employer cannot deny sick days that have been accrued and cannot retaliate against employees who use sick leave.
Labor Code section 1019: Makes it unlawful for employers to retaliate against employees for exercising their rights under the labor code as well as unlawful to engage in “unfair immigration-related practices.”
Labor Code section 6409.6: Prohibits an employer from retaliating against workers with a positive COVID-19 test or diagnosis who must quarantine or isolate.

Wrongful Termination Due to Denial of Sick Leave in California

The California Family Rights Act (CFRA) provides employees with 12 weeks of protected leave for:

Parental leave
Placement of a Child in the Employee’s Family (Adoption or Foster care)
Serious Health Conditions of Employee’s Family
Serious Health Conditions of Employees

The Healthy Workplaces & Family Act allows employees to take paid leave for:

Diagnosis, Care, Treatment of the employee’s or spouse, child, or parent’s existing/ new health condition
Preventive Care for Employees Immediate Family
Victims of Domestic violence, Sexual Assault, Stalking (To obtain legal, medical, or social services)

Employees can earn up to 3 days of paid sick leave per year. (Cannot exceed six days a year)

Sick Leave is protected under the Labor Code 246. An employee can file a complaint with the Labor Commission against their employer if their rights have been breached by retaliation or discrimination. If you believe you have been wrongly terminated for sick leave contact an attorney from Her Lawyer for further assistance.

Anti-Discrimination Laws in California:

Anti-Discrimination laws can be helpful in deciding how to move forward with your case. These laws protect employees from unlawful firings:

The California Fair Employment and Housing Act (FEHA) applies to both public and private employers. It prohibits harassment in all workplaces.
The Age and Discrimination Act (ADEA) protects employees from discrimination due to age.
The Equal Pay Act makes it illegal for employers to pay different wages to those of the opposite sex.
The Americans with Disabilities Act (ADA) protects employees from being discriminated against for disabilities.
The California Family Rights Act gives eligible employees the right to 12 weeks of paid or unpaid leave during a 12 month period. Eligible employees must fall under the category of:
- The birth of adoption of a child, caring for immediate family, serious health conditions as well as the necessary period after.
The Healthy Workplaces and Family Act gives employees the right after 30 days worked an hour of paid leave for every 30 hours worked. Employers may cap the allowed duration of sick leave to 3 days.

Additional Types of Wrongful Termination In California

Mixed Motive Termination

Mixed Motive Termination is when an employer fires an employee unlawfully as well as for a substantial reason. In this situation, the employer is held liable for the damages. However, the employee must prove that discrimination took place. If the employer can prove that the employee was not fired for unlawful reasons, they are not liable for damages.

Constructive Discharge

Constructive discharge occurs when an employer creates unbearable conditions forcing the employee to quit. Termination is deemed involuntary as conditions have made it unbearable for a normal employee to work.

Intolerable Conditions

Intolerable workplace conditions are so unbearable that workers would choose to quit rather than to work. This may occur when an employer creates a hostile work environment. Since the resignation is not fully voluntary, it may be considered wrongful termination.

To prove Intolerable Conditions in California the plaintiff must demonstrate that:

Conditions are unbearable, and a reasonable employee would resign
The employer was aware of the conditions and either
Intended to force the employee to quit
Had knowledge of workplace conditions and did not change them.

FAQS about Wrongful Termination Laws in California:

How long does an employer have to pay an employee after termination?

If an employee quits without prior notice, the employer has 72 hours to provide the previous employee with their final paycheck. If the employer was given prior notice, the paycheck must be given on the final day of employment.

Can I sue my employer for firing me?

An employee can only sue an employer if they can prove termination due to retaliation, discriminatory means, or breach of contracts.

Is Wrongful Termination difficult to prove?

Yes, wrongful termination is difficult to prove as the employee must be able to prove that the employer terminated them wrongfully and with a specific illegal motive. Ways to prove wrongful termination can be:

Evidence that other workers were treated differently for the same occurrence
Employer’s statement being false (Witnesses reject employer’s claim)
Proof of the company’s failure to follow policies on misconduct.

Contact Us

If you or a loved one would like to know more about wrongful termination laws or has experienced wrongful termination, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Wrongful Termination Attorneys today! We won’t charge you a dime unless you win your case.