Fighting Wrongful Termination in California

Many state, federal, and local laws prohibit employers from terminating employees for various reasons. Under California labor law and discrimination law, a termination might be considered a wrongful termination if it is based on one of the following (this is just a sampling of the basis for wrongful termination claims):

  • Discrimination based on age, national origin, sex, pregnancy, religion, sexual orientation, or marital status. Also, if an employer terminates an employee for making complaints about discrimination based on any of the listed classifications, that termination may be considered discrimination or retaliation;
  • Discrimination based on disability, failure to engage in the interactive process [talk to you about your limitations, and consider accommodations], failure to accommodate, or retaliation for seeking a reasonable accommodation for a disability;
  • Discrimination or retaliation for taking a medical leave or a leave to care for a sick parent or child;
  • Discrimination or retaliation for making complaints about wage violations, such as non-payment of minimum wage or overtime compensation;
  • Discrimination or retaliation for having complained about workplace safety;
  • Discrimination or retaliation for having complained to an employer or a government agency about the employer's illegal practices or public policy.

Under California labor law, even if an employee has not been terminated, they may have a claim against their employer if their employer has subjected them to unlawful harassment or discrimination. Harassment based on race, national origin, sex, pregnancy, disability, age, religion, sexual orientation, or marital status may be illegal.

Example of legal standard [jury instruction, what we will have the burden to prove]:

Retaliation

Like Discrimination, federal and state laws prohibit employers from terminating employees for certain retaliatory reasons. A termination might be considered a wrongful termination if it is based on:

  • Retaliation based on age, national origin, sex, pregnancy, religion, sexual orientation, or marital status. Also, if an employer terminates an employee for making complaints about discrimination based on any of the listed classifications, that termination may be considered an illegal retaliation;
  • Retaliation for seeking a reasonable accommodation for a disability;
  • Retaliation for taking medical leave or a leave to care for a sick parent or child;
  • Retaliation for making complaints about wage violations, such as non-payment of minimum wage or overtime compensation
  • Retaliation for having complained about workplace safety;
  • Retaliation for having complained to an employer or a government agency about the employer's illegal practices or violations of public policy.

Even if an employee has not been terminated, they may have a claim against their employer if their employer has subjected them to unlawful harassment or discrimination. Harassment based on race, national origin, sex, pregnancy, disability, age, religion, sexual orientation, or marital status may be illegal.

Example of legal standard [jury instruction, what we will have the burden to prove]:

Harassment [Hostile Work Environment]

The conduct of your supervisor or co-worker, if severe or pervasive, maybe a hostile work environment or harassment. Also, your employer will be liable for failure to prevent harassment, failure to protect you from retaliation for complaining about the harassment, or for failing to investigate the harassment.

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