Fired Without Cause: Do You Have a Wrongful Termination Case?

You have shown up to work every day without fail, done your job well, and then one day, out of nowhere, your employer fires you, without any warning or explanation. Being fired with no warning or reason is not a fun experience. It can leave you confused and wondering what you did wrong. While California is an at-will employment state, meaning that employers can fire employees at any time without giving a reason, in some cases, being fired without cause might actually be illegal, and you may have a wrongful termination case. But how do you know if you have a wrongful termination case? Read on!

Understanding At-Will Employment in California

California is one of the states that follow “at-will” employment laws. This means that in California, employment relationships exist at the will of employers and employees. An employer has the right to fire an employee at any time for almost any reason or no reason, and an employee can quit their job at any time for any reason or no reason, without giving advance notice.

At-will employment laws apply to most employees in California. However, there are some exceptions, including employees with contracts. Those with employment contracts are not considered at-will and can only be terminated under the terms outlined in the contract. And it is not necessary to have a written contract. It might be enough to have an implied contract. For example, if an employer tells you your job is secure as long as you don’t do certain things, that is an implied contract.

When Does a Termination Become Illegal?

Being fired without cause is not automatically considered illegal. However, if your employer fired you for an unlawful reason, you may have a wrongful termination case. Here are some of the most common unlawful reasons for termination in California;

1.     Discrimination

California law prohibits employers from terminating employees based on their protected characteristics, which include traits such as;

• Age (40 years and above)
• Color or race
• Sexual orientation
• National origin
• Marital status
• Disability
• Pregnancy
• Gender

If, for example, you were fired after your employer found out you were pregnant, you could have a wrongful termination case.

2.     Breach of Contract

If you and your employer had a written or implied contract that specified the circumstances under which you could be fired, being fired outside of those terms might qualify you to file a wrongful termination claim.

3.     Retaliation

It is illegal for employers in California to fire employees in retaliation for exercising their rights, even if it is inconvenient for them. For example, if you were fired after filing a workers’ compensation claim, it might be retaliation, and you may have a wrongful termination case.

4.     Public Policy Violations

Being wrongfully discharged in violation of public policy is when you are fired for reasons that oppose public policy interests. The four common categories in which you can assert a wrongful termination in violation of public policy claim are;

• Exercising a statutory right, such as filing a workers’ compensation claim
• Fulfilling a public obligation, such as taking a day off to vote
• Refusing to commit an illegal act, such as refusing to commit fraud on behalf of your employer
• Reporting illegal conduct

Contact a California Employment Lawyer

If you believe you were wrongfully terminated, consult a California employment lawyer near you for help seeking the justice and compensation you deserve.