Elements of a Wrongful Termination Claim in California
Wrongful termination is when an employer illegally fires an employee. Here are the grounds for a wrongful termination claim in California.
Grounds for wrongful termination claims include contract violations, discrimination claims, retaliation claims, and public policy violations. While temporary employees do not have as many protections as full-time employees, they are entitled to protection against harassment and discrimination.
Contact an experienced wrongful termination attorney from Her Lawyer for help navigating your wrongful termination claim.
Contract Violation Claims
If your employer has broken a legal contract, you are able to sue for wrongful termination. This can include a breach in the length of termination or ability for termination. An employment contract can be written, oral, or implied. You may be able to sue for wages and other benefits previously provided by your employer. Your employment contract can be used as a negotiating tool for a severance agreement.
Discrimination Claims
It is illegal for an employer to fire or make any decisions on protected characteristics. Protected characteristics in California include:
race, color, national origin, religion, sex, pregnancy, age, disability, genetic information, sexual orientation, gender identity, citizenship, marital status, AIDS/HIV status, medical conditions, political beliefs or activities, military/veteran status, or status as a victim of domestic violence, stalking, or assault.
Federal discrimination laws, including regulations to age, citizenship, and equal pay discrimination, apply to companies in California with 15 or more employees.
If your claim won in court, your employer may have to pay lost wages, benefits, attorney fees, court fees, and punitive damages.
Retaliation Claims
An employer may not fire employees for exercising or enforcing their employment rights. It is illegal for an employer to retaliate based on complaints, family/medical leave, jury duty, workers compensation, and illegal wage and hour practices.
Any retaliation for whistleblowing on an employer is a retaliation claim. There are a variety of damages that may be won based on the retaliation claims. Typically however an employee can collect wages, benefits, attorney’s fees, and damages.
Public Policy Violations
It is illegal for employees to be fired for exercising their legal rights. This means that employers cannot fire an individual for refusing to commit illegal actions, or complaining about workplace illegality and violations.
This type of violation is a personal injury claim and a successful case can collect wages, benefits, and damages for the terminated individual.
Related: How to File a Wrongful Termination Lawsuit in California
Temporary Employees and Wrongful Termination
A temporary employee is an employee who is hired on a temporary basis. They can also be referred to as day laborers or contingent workers. Many temporary employees are seasonal or project-based. Temporary employees can also be provided through temporary employment agencies. They are typically under a short term contract and are paid hourly.
A temporary employee can sue for harassment and discrimination on the basis of race, age, sex, and pregnancy or disability status.
FAQS About Grounds for a Wrongful Termination Claim in California
What is Considered Wrongful Termination in California?
Wrongful termination is when an employer discriminates, harasses, retaliates, or breaks a contract for an individual’s employment. All 50 states have a basis of what is considered wrongful termination. However, each individual state has different or more specific details.
Does an Employer have to Disclose the Reason for Termination?
At-will workers are not required to be given a reason for termination. However, the question of if an employer has to disclose reasons for termination depends on various factors. Public sector employees must go through due process or refer to their contract in order to see if any clause was added by their employer pertaining to disclosure. Some contracts may have a written clause making it a workers right to know the reason for their termination. If this is the case, the employer must prove just cause for termination of the employee.
Can an Employer Change the Reason for Termination in California?
Yes, an employer can change an employee’s reason for termination. However, this can be viewed as a form of retaliation.
Can I be Terminated for Whistleblowing?
No, it is unlawful to terminate an employee for whistleblowing in California.
Contact Us
If you or a loved one has experienced one of these grounds for wrongful termination, 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.