Getting fired can feel wrong for any number of reasons.
Maybe your supervisor blamed you for something you did not do. Maybe you were a good employee who suddenly received a negative performance review. Maybe your employer gave you an explanation that simply did not make sense.
All those things can make a termination feel unfair.
But an unfair termination and a wrongful termination are not necessarily the same thing under California law.
California is generally an “at-will” employment state. That means an employer usually does not need to prove that it had a good reason to terminate an at-will employee.
There are, however, important limits.
An employer cannot legally fire an employee for certain prohibited reasons. A termination may be wrongful when it violates California law, public policy, or an employment agreement.
So the important question is often not simply “Was there a good reason to fire me?”
For more information to get the help you need, contact our Los Angeles, CA employment lawyers.
When Can a Termination Be Wrongful in California?
Wrongful termination can arise in several different circumstances. Some of the most common involve discrimination, retaliation, protected leave, whistleblowing, and an employee’s exercise of workplace rights.
You Were Fired Because of a Protected Characteristic
California law prohibits covered employers from discriminating against employees based on protected characteristics, including:
- Race or color;
- National origin or ancestry;
- Religion;
- Sex or gender;
- Pregnancy and related medical conditions;
- Sexual orientation;
- Gender identity or gender expression;
- Disability or medical condition;
- Age, for employees 40 and older;
- Genetic information;
- Marital status; and
- Military or veteran status.
Having a protected characteristic does not mean an employee cannot be fired. The question is whether the protected characteristic played a role in the termination.
Sometimes the evidence is explicit. More often, it appears through timing, inconsistent explanations, discriminatory comments, or differences in how employees are treated.
For example, a longtime employee might suddenly begin receiving negative reviews after disclosing a pregnancy. An employee might request an accommodation for a disability and be terminated shortly afterward.
No single fact necessarily proves discrimination. But the circumstances taken together can matter.
You Were Fired for Exercising a Protected Right
California law also protects employees from retaliation for exercising certain workplace rights.
Depending on the circumstances, protected activities can include:
- Reporting discrimination or harassment;
- Complaining about unpaid wages;
- Reporting certain workplace safety concerns;
- Participating in certain investigations or proceedings;
- Requesting a reasonable accommodation; or
- Taking qualifying protected leave.
Consider the timing.
Suppose you complain to Human Resources about harassment. Two weeks later, you are written up for performance problems that no one had previously mentioned. A month later, you are fired.
That sequence does not automatically prove retaliation. But it raises an important question: Why did the employer’s view of your performance change when it did?
You Were Fired for Whistleblowing
California also protects certain employees who report suspected violations of law or refuse to participate in unlawful conduct.
A whistleblower does not necessarily have to prove that the suspected violation ultimately occurred. Depending on the applicable law, the employee’s reasonable belief about the conduct may matter.
If you were terminated after reporting suspected fraud, safety violations, unlawful business practices, or other potentially illegal conduct, the timing and circumstances surrounding the termination may warrant closer examination.
You Were Fired for Taking Protected Leave
Certain California and federal laws provide eligible employees with job-protected leave for circumstances that can include an employee’s own serious health condition, caring for family members, pregnancy or childbirth, and bonding with a new child.
Eligibility and protections vary depending on the law and circumstances. But an employer cannot lawfully terminate an employee because the employee exercised a right to protected leave.
What If Your Employer Gave a False Reason for Firing You?
This is where wrongful termination cases can become complicated.
An employer may say an employee was fired for poor performance, attendance, misconduct, restructuring, or another legitimate business reason.
And sometimes that is exactly what happened.
But sometimes the stated reason does not fit the evidence.
If you were fired, consider questions such as:
- Did the employer’s explanation change?
- Were you disciplined for something other employees routinely did without consequence?
- Did negative performance reviews begin only after you complained, requested leave, or disclosed a protected condition?
- Does the stated reason conflict with emails, evaluations, or other records?
- Were company policies applied differently to you?
- How close was the termination to a complaint, accommodation request, leave, or other protected activity?
None of these facts necessarily proves that a termination was unlawful.
Taken together, however, they can help answer the more important question: Was the reason your employer gave you the real reason?
What Should You Save After Being Fired?
If you believe your termination may have been unlawful, preserve the records available to you.
Useful documents may include:
- Your termination letter or separation paperwork;
- Performance reviews;
- Disciplinary notices or write-ups;
- Emails, texts, or messages with supervisors or Human Resources;
- Copies of complaints you made;
- Documents relating to requests for leave or accommodation;
- Employee handbooks and relevant workplace policies; and
- A timeline of important events leading up to your termination.
Write down what happened while the events are still relatively fresh. Dates, conversations, names, and the sequence of events can become harder to reconstruct months later.
Keep documents you are legally entitled to possess, but do not take confidential company information or other records you are not authorized to keep.
Was My Termination Wrongful?
Losing a job unfairly and being wrongfully terminated are not always the same thing.
If you believe you were fired because of discrimination, retaliation, whistleblowing, protected leave, or another legally protected activity, preserve your records and pay attention to the explanation your employer gave you.
An experienced San Diego, CA employment attorney can review the circumstances surrounding your termination and help determine whether your employer may have violated the law.