Wrongful termination happens when an employer dismisses you illegally in violation of federal and state laws. This provision also covers employees who are terminated on discriminatory grounds, such as pregnancy status, disability, and age. California’s robust worker protection framework protects employees from being terminated for exercising lawfully protected rights. It also protects employees from being fired for fulfilling legal duties related to significant public policy concerns in the state. A termination will be deemed wrongful if your employer dismisses you for unlawful reasons. At Empower Sexual Harassment Attorneys, we represent victims of wrongful termination in San Diego, CA.
Understanding Wrongful Termination
Your termination will also be termed wrongful if your employer fails to adhere to established termination guidelines. Some of the wrongful terminations include:
- Violation Of Company Policies
An employer can violate company policies for terminating you in a manner that contradicts established procedures or policies of the company. This violation can also happen if your employer violates employee handbooks. Employee handbooks create reasonable expectations regarding employment terms and termination processes. The company’s policies outline progressive performance improvement procedures and discipline steps. They also outline specific grounds for termination. If a handbook outlines specific termination procedures and lacks a clear at-will disclaimer, courts may treat it as an implied contract and find wrongful termination when those procedures are ignored. The judge can consider policy manuals and handbooks as implied contractual duties that restrict an employer from terminating workers. The restriction applies if the documents have specific procedures and promises regarding termination protocols and job security.
The solutions can include back pay and reinstatement. Sometimes, the remedies can consist of damages for emotional distress based on case specifics and jurisdiction. For example, an employer could be liable for terminating a retail employee for a single cash handling mistake when the handbook states that the error requires:
- A verbal warning
- Written warning, then
- Termination
You can seek damages for wrongful termination if the above three-step progressive discipline process is violated.
- Violation Of Public Policy
An employer can violate a public policy by terminating a worker for reasons that violate established public policy. Some of the reasons can include:
- Terminating an employee for reporting violations of laws meant to protect the public interest
- Firing an employee for carrying out civic duties
- Terminating an employee exercising statutory rights
- Terminating an employee for refusing to commit unlawful acts
A public policy serves as an exception to at-will employment. It prohibits employers from coercing workers into actions that undermine vital societal values. Courts demand a clear articulation of the violated public policy in:
- Judicial decisions
- Statutes
- Regulations, and
- Constitutional provisions
However, the specificity requirements differ by jurisdiction.
The remedies for a violation of public policy include:
- Compensation for emotional distress
- Back pay
- Reinstatement
You can seek punitive damages in severe cases. For example, a truck driver can seek punitive damages if he/she is terminated for refusing to exceed the federally mandated maximum driving hours. A driver can also seek punitive damages if he/she is terminated for reporting safety violations to the Department of Transportation.
- Race Discrimination
Race discrimination wrongful termination happens when your employer terminates you based on your racial characteristics, skin color, tribe, or race. This violates Title VII of the Civil Rights Act. The remedies to this violation include:
- Damages
- Back pay, and
- Reinstatement
It is an offense under federal and state laws for an employer to mistreat employees because of their skin color or race. Racial discrimination in the workplace can include:
- Making distinctions based on the color of the skin
- Racial stereotyping
- Promoting or terminating employees based on race
- Making decisions regarding hiring based on race
- Segregating workers of a certain race in particular jobs
The law allows you to seek compensation for wrongful termination if the above discriminatory practices create a hostile work environment or termination.
- Pregnancy Discrimination
Pregnancy discrimination happens when your employer terminates you because of:
- Your pregnancy
- Medical condition associated with pregnancy or childbirth, or
- Giving birth
This offense is under the Pregnancy Discrimination Act 1978 and other state and federal laws. This discrimination can occur when your employer makes assumptions regarding your availability, ability, or commitment to work. You can face adverse employment actions despite your good performance at work.
Most wrongfully fired women experience:
- Exclusion from workplace opportunities after revealing pregnancy status
- Reduced working hours
- Sudden performance criticisms
- Employers are creating a documented pattern of disparate treatment
You can pursue the following damages beyond back pay and reinstatement:
- Victims may recover attorneys’ fees under federal/state anti‑discrimination law, and
- Punitive damages may be awarded if the employer acted maliciously or willfully
- Discrimination Against Protected Individuals
Discrimination against a protected person happens when an employer terminates a worker on the grounds of membership of a lawfully protected category, such as:
Union Membership or Activities
The National Labor Relations Act prevents employers from discriminating against workers for union-related activities.
Medical Condition
Non-disability medical conditions may be protected under other statutes; the ADA covers disability-related impairments.
Political Affiliation
The law in California prohibits employers from terminating employees based on political activities or views.
Domestic Violence Victim Status
The law protects employees against adverse employment actions, especially the victims of domestic violence.
Criminal Record
‘’Ban the box’’ laws limit an employer’s ability to consider criminal history while making employment decisions.
HIV/AIDS Status
The law protects employees against discrimination based on their HIV/AIDS status.
Military Status
Veteran, reserve, and active duty members are protected classes in employment decisions.
Ancestry
It is unlawful under anti-discrimination laws to terminate an employee based on descent or lineage.
Family Responsibilities or Status
It is unlawful to discriminate against a worker with children or caregiving duties.
Marital Status
It is illegal to discriminate against an employee based on whether he/she is a widow, divorced, married, or single.
Veteran Status
It is illegal to discriminate against those who have served under the Uniformed Services Employment and Reemployment Rights Act.
Citizenship Status
Legal employees are protected against discrimination based on citizenship status under the Immigration Reform and Control Act.
Genetic Information
Terminating an employee based on genetic tests or family medical history under the Genetic Information Nondiscrimination Act is unlawful.
Disability
It is illegal under the Americans with Disabilities Act to terminate qualified employees based on disability status.
Employees Age 40 or Older
Workers aged 40 or older are protected against termination under the Age Discrimination in Employment Act.
National Origin
It is an offense for the employer to terminate you because of your country of birth, ethnicity, or accent.
Sex
It is an offense under Title VII and other laws for your employer to terminate you based on your gender, sexual orientation, or pregnancy.
Religion
The law prohibits employers from terminating employees because of their religious beliefs.
Color
It is an offense for an employer to terminate an employee based on skin tone or pigmentation.
Race
The state and federal laws prohibit employers from terminating their employees based on racial identity or characteristics.
- Breach Of Contract
Breach of contract happens when your employer terminates you in violation of the conditions specified in an employment agreement, whether implied, verbal, or written. The agreements often have specific provisions that spell out the following:
- The agreed duration of your employment
- The terms under which you can be fired
- The procedure to be followed for dismissal, such as progressive discipline or severance arrangements
You can pursue legal action to recover damages if your employer fails to comply with the above contractual obligations. The damages you can pursue include:
- Lost benefits
- Lost wages, and
- Sometimes, specific performance requiring reinstatement
When determining a breach of contract, the judge will assess the circumstances of termination, review the contract language, and consider whether your employer acted in good faith. For example, a teacher with a six-year contract can seek compensation if he/she is terminated halfway without the documented cause required by the agreement.
- Violation Of The Worker Adjustment And Retraining Notification Act (WARN)
Your employer can be guilty of a wrongful termination under the California Worker Adjustment and Retraining Notification Act (WARN). This can happen if your employer fails to offer you at least 60 days’ advance written notice. This law is followed strictly with fewer exceptions. An employer who violates this law can be responsible for each affected worker for their benefits, up to 60 days and back pay. The employer can also face a penalty that does not exceed $500 per day. For example, an employer can fire 30 workers with only two weeks’ notice. In this case, the employer should give each worker an extra 46 days of benefits and wages. The employer can also face civil penalties for failing to follow the WARN’s 60-day notice.
What An Employer Should Do Under The WARN Act
Workers facing job losses because of significant business changes are covered under WARN. According to WARN, an employer must offer a 60-day advance notice to workers and government agencies before carrying out the following:
- Termination or plant closure — This is where an employer is required to stop all or most of the company’s operations.
- Major relocation — This is a situation where an industry moves all or most operations to a new location at least 100 miles away.
- MasslayoffA — A mass layoff under the law removes 50 or more jobs within 30 days because of a lack of funds. It can also be done when certain positions have been eliminated.
The WARN notice should contain the following information to help you prepare for possible job loss:
- The date of termination and the last date of work
- Whether the termination is permanent or temporary
Some of the exceptions to the WARN Act include:
- Workers seeking capital — An employer cannot give you a WARN notice if the employer is actively seeking business or capital to help them avoid job termination.
- Seasonal or temporary employment — The WARN Act does not cover terminations associated with seasonal or temporary employment. In this case, workers are hired because their services will not be required once work is finished.
- War or disaster situations — The WARN Act does not cover terminations, relocations, and mass layoffs conducted during war or natural disasters. In this situation, an employer cannot give employees notice. For example, an employer cannot notify you of termination if a wildfire destroys an industry.
- Whistleblower Retaliation Wrongful Termination
Whistleblower retaliation happens when your employer terminates you because of reporting the following to the management or authorities:
- Violations of regulations
- Unlawful activities, and
- Other misconduct
This violates whistleblower protection statutes and can attract substantial legal penalties for your employer. You can pursue wrongful termination compensation if you reported unlawful activity and were terminated. For example, you can be terminated immediately for reporting sexual harassment to the human resources department. In this case, your employer terminated you in retaliation for reporting the harassment.
You can also be wrongfully terminated for blowing the whistle on illegal activity at your workplace, such as fraud or safety violations. An employment attorney can help you evaluate whistleblower violations and reveal the evidence that was overlooked.
- Wage And Hour Dispute Wrongful Termination
Wage and hour dispute wrongful termination can happen when your employer terminates you for complaining about unpaid overtime violations, wages, or other compensation issues. You can seek damages and reinstatement because this violates labor laws. The law allows you to file a wrongful termination case if you were fighting against your employer to secure overtime, commissions, and unpaid wages. Sometimes, wage and hour disputes can be intimidating and complicated. However, you have legal protections under federal and state laws.
The typical wage and hour violations include:
- Misclassifying employees
- Failing to pay employees overtime according to labor laws
- Denying employees rest or meal breaks
- Failing to pay employees’ minimum wage
You can only succeed in filing a wrongful termination case over wage and hour issues by compiling documentation like:
- Company schedules
- Company policies
- Employment agreements, and
- Pay stubs
The above documentation can help you recover your damages.
- Violations Of The Family And Medical Leave (FMLA) Wrongful Termination
You are protected under the federal Family and Medical Leave Act if you take a leave from work because of:
- Sickness
- Taking care of or bonding with a newborn or new baby, or
- Taking care of a loved one who is ill
The law allows you to return to your job and avoid retaliation for securing leave. This law can only cover workers working for a company with 50 or more workers for at least 20 weeks per year. The law allows you to take FMLA leave if you have worked for your company for at least one year and at least 1,250 hours. You qualify for unpaid leave not exceeding 12 weeks for the following reasons:
- Taking care of a member in the armed forces who is under medical care for a serious illness or injury
- If you are suffering from a medical condition that prevents you from doing your job
- Taking care of a family member who is suffering from a serious medical condition
- Taking care of a foster or an adopted child
- Birth and care of a newborn baby
- Are you dealing with crises arising from a family member’s military service?
You can file a wrongful termination lawsuit if your employer terminates you for taking family or medical leave that you deserve under the law.
Extending Your Family And Medical Leave
You can secure more leave days after finishing your 12-week leave. This is covered under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act. You will be protected from discrimination and retaliation. The law allows you up to 26 weeks of leave under FMLA if you have injured family members on active duty. You can take this leave within a year to take care of your loved one who got injured while serving. Additionally, the law allows a birth parent a leave under the FMLA for 12 weeks and an extra 12 weeks to bond with her newborn baby.
In most situations, you do not have to take your leave continuously. You can handle it as a reduced work schedule or take it intermittently. For example, you can schedule a part-time job instead of a full-time job. You can secure this leave provided you have a valid reason. It is also good to make a reasonable effort to plan the treatment to avoid interrupting your employer’s operations.
- Retaliation Over Employees’ Compensation Claims: Wrongful Termination
Your employer can terminate you for pursuing or filing workers’ compensation after a workplace injury. This is an offense under the law, and you are entitled to compensation. You can file a wrongful termination case against your employer if he/she terminated you for applying for compensation after suffering an injury at work. The law prohibits your employer from threatening or firing you for testifying on behalf of a co-worker in a workers’ compensation proceeding. It is also unlawful for the employer to retaliate against you for missing work because of a work-related injury.
The law also prohibits discrimination based on disability if you become disabled because of a work-related injury. Similarly, it is unlawful for your employer to terminate you for engaging in rehabilitation services, which are provided as workers’ compensation benefits.
- Hostile Work Environment Wrongful Termination
A hostile work environment wrongful termination can happen when your employer terminates you because of the following:
- Complaining about discriminatory conditions that interfere with your ability to do your work
- Reporting or complaining about severe, pervasive harassment
The law allows you to seek compensation if you are terminated in the above circumstances. Some damages you will recover include:
- Damages for emotional distress
- Damages for lost wages
- Reinstatement
Companies with a hostile work environment often suffer the following:
- Massive resignation of workers
- Damaged workplace morale
- Increased turnover, and
- Lower productivity
- Sexual Harassment Wrongful Termination
Sexual harassment and wrongful termination can happen when your employer terminates you after you complain about sexual harassment. It can also occur when your employer terminates you for refusing unwanted sexual advances in the workplace. This is an offense under Title VII of the Civil Rights Act of 1964. You can recover damages if your lawsuit goes through. Some of the damages you can recover include:
- Recovery of legal expenses
- Punitive damages
- Back pay, and
- Reinstatement
Sexual harassment is common in some companies and ingrained in their culture. This leads to a hostile work environment, making workers struggle to be productive and effectively perform their work. In some situations, workers are forced to resign because they cannot withstand harassment anymore. For example, a retail assistant manager can face sexual harassment and wrongful termination for reporting that a supervisor requested sexual favors. You can seek compensation for wrongful termination if you were terminated for complaining about sexual harassment in the workplace. The law allows you to pursue monetary damages, emotional distress, and pain and suffering.
Whether California Is An At-Will State
California is an at-will state where employees and employers can terminate their working relationship without giving any reason. An employer can fire a worker for any legal reason, unless restricted by a specific employment contract. A worker can leave a position whenever he/she decides to do so. However, workers are protected against termination based on discrimination despite the at-will doctrine.
Understanding Wrongful Constructive Termination
Wrongful constructive termination can happen when your employer forces you to resign. In this case, your employer can make it hard for you to continue with work. This claim can only be successful if you prove that your employer intentionally created an intolerable work environment. You can also file a wrongful constructive termination claim when your employer had no reasonable cause to fire you because of public policy.
Constructive Termination
In most cases, you must be officially terminated to have a viable wrongful termination case. However, there are some exceptions. You can still have a valid wrongful termination claim when your employer subjects you to constructive termination. Constructive termination occurs when an employer makes the work environment intolerable to the extent that a reasonable employee cannot continue working and an employee eventually resigns. An employee might have no other option but to resign due to continued harassment based on sexual orientation, disability status, gender, or other characteristics. The employer can be liable if the employer knows that the discrimination is happening but does not take any action.
Find A Wrongful Termination Attorney Near Me
If you or your loved one is a victim of wrongful termination, you should not give up without a fight. With the help of an experienced attorney, you can bring a lawsuit against your employer to seek compensation. At the Empower Sexual Harassment Attorneys, we have reliable attorneys experienced in wrongful termination claims. We will do everything possible to defend your rights and help you seek compensation in San Diego, CA. Contact us at 619-604-3027 to speak to one of our attorneys.
