Losing a job is always a difficult experience, but when that separation occurs without a valid legal reason, it becomes wrongful termination. In California, workers are afforded strong protections against arbitrary, discriminatory, or retaliatory decisions. Understanding these laws can make the difference between accepting injustice or firmly defending your workplace dignity.
Although most employment contracts in California are considered “at-will,” meaning an employer can terminate an employee at any time, the law sets clear limits. There are specific circumstances under which a termination is considered illegal, including:
- Discrimination: The Fair Employment and Housing Act (FEHA) prohibits terminating an employee because of race, color, gender, gender identity, religion, sexual orientation, age, disability, or national origin.
- Retaliation against whistleblowers: The law protects employees who report illegal activities or unsafe workplace conditions. Firing someone for exposing misconduct is a direct violation of their rights.
- Medical or family reasons: It is unlawful to terminate an employee for taking leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
- Exercising workplace rights: Requesting overtime pay, fair wages, safe working conditions, or employment benefits cannot legally be grounds for termination.
Wrongful termination not only impacts an individual’s immediate income but also their emotional, professional, and family stability. Many employees feel afraid to challenge their employer or file a claim out of fear of further retaliation. However, it is crucial to remember that the law is on your side.
What steps should you take if you believe you have been wrongfully terminated?
- Document the facts: Keep emails, messages, evaluations, and any evidence related to your performance or the reason for your termination.
- Request written explanations: This can help reveal inconsistencies in the employer’s reasoning.
- Seek legal counsel: An employment law attorney can analyze your case, determine whether a violation occurred, and guide you through the process of pursuing justice and compensation.
At Lara & Luna APC, we have successfully represented workers facing wrongful termination in California. Our mission is to protect your rights, challenge illegal business practices, and fight to ensure that every worker receives the fair and dignified treatment they deserve.