In California, "wrongful termination" generally is a term that refers to an employee being fired when in fact, they should not have been. It is not uncommon that many employees feel there has been a violation of the California wrongful termination laws, when there has not. For this reason, it is important to talk to a California wrongful termination attorney in our office to determine whether or not you have been wrongfully terminated.

California Wrongful Termination and “At Will” Employment
California and many other states, have a doctrine for employment called "at will." This term means that an employer may terminate the employment relationship for any reason or no reason at all, at any time.

There are a few exceptions to the “At Will” doctrine related to California Wrongful Termination:

Discrimination An Employer may not discriminate against an employee on the basis of age, race, sex, national origin, disability, or for a variety of other reasons. Employers cannot discriminate against an employee for being a whistleblower, which means the employee has reported an employer for an illegal action. An employer also may not discriminate against an employee for engaging in other protected activities, such as if he or she files a workers' compensation claim or takes medical leave that is protected under the Family Medical Leave Act. Under both federal law and California labor laws, wrongful termination is against the law and if an employer fires an employee because of one of these reasons an employee can sue and seek damages. Employment Contract Another exception to the “at will” employment doctrine in California is when there exists an employment contract. Under many of these contracts, the employee may only be fired, for willful misconduct or other just cause. An example of an employment contract is a collective bargaining agreement entered into by union employees.

Other than these exceptions and a few more obscure ones, California employers may terminate the employment relationship even if they simply do not like the employee.

Again, it is critical to understand that in many instances, just because an employee feels they have been wrongfully terminated, it does not mean that this is the case and that there is an actionable labor law violation. Understandably, employees are very emotional when a termination occurs and in many cases feel they have been wrongfully discharged. While in most situations a wrongful termination did not occur, it is not uncommon for a savvy California labor law attorney to discover other labor violations such as misclassification, unpaid wages, unreimbursed expenses or other potential claims.

Contact Our California Wrongful Termination Attorneys
If you believe you have been the victim of a wrongful termination, or you may have another potential claim against your employer related to your workplace, our experienced California wrongful termination attorneys are here to help by providing you with a free claim evaluation. Our law firm offers contingency fee legal representation, which means that if we accept your case, our firm will advance all relevant costs and expenses without any “out of pocket” expenses incurred by you. All our employment termination cases are accepted on this contingency fee basis, so you pay nothing unless we prevail and collect for you.

 

Click Here for a Free Case Evaluation Complete the brief online form and our offices will contact you promptly.