9 Common Examples of Wrongful Termination in California

Even though California is an at-will employment state, there are scenarios where it is unlawful for employers to terminate you. Nine common examples of wrongful termination in California are when you get fired for:

1. a discriminatory reason,
2. blowing the whistle on misconduct,
3. filing a workers’ compensation claim,
4. enduring a hostile work environment,
5. demanding unpaid wages or refusing to work without pay,
6. cooperating in someone else’s workplace harassment claim,
7. speaking out against workplace discrimination,
8. invoking your protected leave rights, and
9. exercising or expressing political beliefs.

Here at Shouse Law Group, I handle countless cases involving loyal employees who were illegally fired – or forced to resign – from their jobs. In my experience, aggressive negotiation and litigation can often persuade employers to reinstate my clients or pay them a substantial financial settlement, or both.

What are some examples of wrongful termination?

Wrongful termination is any discharge that is done for an improper or illegal reason. It can be illegal for violating a California state or a federal employment law. They can be improper for being in violation of public policy.

Here are nine common factual scenarios I see as an experienced employment lawyer that can amount to wrongful termination. If you think that your case sounds similar to one of these, you may have been wrongfully terminated. Even if you are in an at-will employment situation, you still have employee rights against a wrongful discharge.

1. Discrimination

Example: David is the only Black man in his workplace in Los Angeles. His manager leaves his job and is replaced with Carl. Carl watches David throughout the entire shift and disciplines him for every mistake he makes, no matter how minor. Carl then uses these disciplinary actions to justify terminating David. Carl does not do this to any other workers, either during or after David’s time at the company.

This sort of conduct amounts to employment discrimination when it targets someone’s protected classes or traits. In California, these protected classes are listed by the California Fair Employment and Housing Act (FEHA). Even if you are an at-will employee, this California law forbids discrimination on the basis of your:

• race,
• national origin,
• ancestry,
• color,
• genetic information,
• religion,
• physical disability,
• mental disability,
• marital status,
• sex,
• sexual orientation,
• gender,
• gender expression,
• gender identity,
• age, or
• status as a military veteran.

Separate federal laws provide independent protections against age discrimination, racial discrimination, and many others.¹

2. Whistleblowers are protected from retaliation

Terminating a whistleblower for their protected activities is against labor law. Many federal and California state laws explicitly protect whistleblowers.² Even when there is no explicit legal protection in a statute, it can be improper as a violation of public policy. Even non-termination employment actions, like a demotion, amount to whistleblower retaliation.

3. Filing a workers’ compensation claim

Example: Gary is a construction worker in San Diego. While building a home, he falls off some scaffolding and gets seriously disabled. When he files for workers’ compensation, he is promptly fired in his employer’s attempt to cover up safety violations from OSHA and to avoid paying higher workers’ comp insurance premiums.

Terminating someone for invoking their right to workers’ comp is a form of workers’ compensation retaliation. It is also wrongful in California to take lesser employment actions against someone for filing a claim for workers’ comp, like:

• demoting them,
• requiring them to use vacation time for medical appointments, or
• reducing their salary.³

4. Constructive discharge for a hostile working environment

You can be wrongfully terminated even if you quit. Known as a constructive dismissal, it involves working conditions that have become so intolerable that a reasonable person in your shoes would decide that their only alternative was to resign.⁴

Constructive dismissals are a type of termination in California. If the termination would have been for an unlawful purpose, including a hostile working environment caused by sexual harassment, it can amount to wrongful termination.

5. Demanding unpaid wages or refusing to work without pay

Example: William is a cashier at a small deli in Van Nuys. He knows that the owners are struggling to stay open, but his paychecks suddenly stop. Finally William confronts the owner and demands the wages he has not been paid. Rather than paying William, the owner fires him on the spot.

Wrongful termination laws make it illegal to terminate employees for initiating a wage and hour dispute.⁵ It is also improper as a violation of public policy. This includes demanding payment for:

• hours worked,
• overtime pay,
• minimum wages,
• vacation pay, and
• rest or meal breaks.

It also covers reporting such violations to the relevant state agency, like the California Department of Industrial Relations.

In these types of cases, valuable evidence includes the employee’s pay stubs, employment contracts, employer handbook, and work schedules.

6. Participating in someone else’s harassment claim

California state and federal workplace harassment laws, including Title VII of the Civil Rights Act of 1964, protect the workers filing these claims, as well as anyone participating in them.⁶ Firing employees for their involvement in the workplace harassment hearing process is illegal.

7. Speaking out against workplace discrimination

Example: When Michelle stands up for a gay co-worker and tells his team to stop making offensive jokes at his expense, she gets laid off, even though her seniority should have protected her, according to company policy.

Title VII also protects bystanders who stand up to discrimination in the workplace, in addition to harassing behavior.⁷

8. Using your rights to workplace leave

Many laws that provide sick leave forbid employers from retaliating against workers who use it. Terminating someone for using their sick leave under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA) is illegal and can amount to wrongful termination.

The California Family Rights Act (CFRA) guarantees employees 12 weeks of unpaid, job-protected leave every year if:

1. their employer has at least five employees,
2. they have been working for them for at least 12 months,
3. they worked for them at least 1,250 hours in the past year, and
4. there is a qualifying reason, such as a new baby or if they or a family member has a serious health concern.

FMLA – which is a federal law – is similar to CFRA except that:

1. FMLA applies to businesses with 50 or more employees.
2. FMLA does not cover registered domestic partners unlike CFRA.
3. Pregnancy is considered a “serious health concern” under FMLA but not CFRA. Instead in California, pregnant women can use up to four months of pregnancy disability leave (PDL).

9. Getting terminated for your political beliefs

Example: Delores spends her weekend canvassing for a third-party candidate who is running for California state office. When her supervisor learns of this, she looks up the candidate’s political positions. Not agreeing with them, the supervisor fires Delores for helping his campaign.

California employment laws forbid political retaliation as a form of workplace harassment.⁸ Terminating someone over their political beliefs or actions is a form of wrongful termination.

A possible legal issue in wrongful termination cases is “breach of contract” if there was a written contract or an implied contract for employment.

What should I do if I am wrongfully discharged?

Contact me, and I will start reviewing your employment contract and employee handbook.

You may be required first to bring your complaint to your company’s human resources department. You may then have to file a wrongful termination claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

In many instances, we can only file a wrongful termination case in California Superior Court against your former employer after exhausting this administrative remedy.

What can I recover if I have been wrongfully terminated?

If you have been wrongfully terminated in California, you have a legal right to compensation for the damages you have suffered. In cases I handle, I fight for such compensation as:

• back pay, with interest, as well as
• front pay,
• compensation for your emotional distress, and
• attorney’s fees.

If you want your job back, I can fight to get you reinstated. In certain cases, I can even recover punitive damages if your termination was especially wrongful, like if you were fired for reporting illegal activity by your employer or illegal behavior in the workplace.

In my experience as an employment law attorney, it is often unnecessary to bring a wrongful termination lawsuit. We can usually achieve and surpass your expectations through a strongly-worded demand letter to – and strategic negotiation sessions with – your former employer.

Additional Resources

• Title VII of the Federal Civil Rights Act of 1964 – Federal law that protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.
• California Fair Employment and Housing Act (FEHA) – California law that provides protection from workplace harassment or discrimination because of age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation.
• Age Discrimination in Employment Act (ADEA) – Federal law that forbids age discrimination against people who are age 40 or older.
• Equal Pay Act – Federal law that requires that men and women in the same workplace be given equal pay for equal work.
• Americans with Disabilities Act (ADA) – Federal law that prohibits discrimination against disabled people in several areas, including employment.
• Healthy Workplaces, Healthy Family Act – California law that requires employers to implement paid sick leave.