WRONGFUL TERMINATION
Even though California operates under the "at-will" employment model, granting employers the authority to terminate workers with or without reason, it's essential to understand that there are circumstances where such dismissals may be unlawful, violating an employee's rights. It's imperative for all California employees to be acquainted with the seven primary reasons that could potentially lead to wrongful termination claims.
At Zaghi Law, we possess in-depth knowledge of wrongful termination laws and can guide you through the intricacies of these legal matters, ensuring you receive the compensation and justice you deserve. Consult with our team of wrongful termination lawyers to get started.
Defining Wrongful Termination in California: California adheres to the at-will employment doctrine, granting employers the freedom to terminate employment contracts for various reasons, including both valid and invalid ones. However, this doctrine does not encompass all scenarios.
Employers are prohibited from terminating employees for unlawful reasons, and exceptions to at-will employment exist. If you're terminated due to an unlawful motive, you have the legal right to pursue a wrongful termination lawsuit.
Common Grounds for a Wrongful Termination Lawsuit: In California, there are seven common grounds for filing wrongful termination lawsuits, which include:
- Discrimination or Reporting FEHA Violations: Employees are protected by California's Fair Employment and Housing Act (FEHA) from termination or discrimination based on various protected traits, such as race, color, gender, disability, and more. This law also safeguards employees who report harassment, discrimination, or testify against their employer in related investigations or lawsuits.
- Violation of an Implied Oral Contract: Implied oral contracts, though not written, can exist between employers and employees. Employers bound by such contracts cannot terminate employees without just cause, which may include provisions in handbooks or verbal assurances of job security.
- FMLA: Employees are safeguarded from wrongful termination if they inquire about or seek to use family or medical leave, guaranteed by the Family and Medical Leave Act (FMLA). Termination within specified time frames after such requests or if employees report wage and hour law violations is prohibited.
- Not Receiving Proper Notice Before a Mass Layoff: Employers must adhere to California's Worker Retraining and Notification (WARN) Act, which requires at least 60 days' notice before conducting mass layoffs or facility closures. Failure to do so may warrant a wrongful termination claim.
- Filing a Workers’ Compensation Claim: Employers in California are mandated to provide workers' compensation insurance. Wrongful termination may occur if an employee is fired for reporting a work-related injury and filing a workers' comp claim.
- Refusing to Violate Public Policy: Wrongful termination in violation of public policy takes place when employees are fired for refusing to engage in actions that violate the law, such as criminal tax fraud.
- Whistleblowing: Labor Code 1102.5 protects employees who report legal violations to authorities or supervisors with investigative authority, shielding them from whistleblower retaliation. This can include making complaints about wages that are not being paid.
Filing a Wrongful Termination Claim: If you suspect wrongful termination in your California employment, it's crucial to act promptly:
- Consult a wrongful termination lawyer to assess your case.
- Collect and preserve all evidence related to your claim, including emails, witness statements, and company records.
Remember that the statute of limitations determines the timeframe for filing a claim or lawsuit, which starts on the day of termination. In California, the statute of limitations varies depending on the type of claim:
- FEHA: 3 years
- Implied Oral Contract: 2 years
- Whistleblower under Labor Code 1102.5: 3 years
- Public Policy: 2 years
- WARN Act: 3 years