If you were fired, selected for a layoff, or forced to resign for a reason prohibited by federal or California law, you may have grounds to pursue a wrongful termination claim.
Wrongful termination may occur when an employer fires a worker for an unlawful reason, such as discrimination, retaliation, or a violation of public policy. However, these cases can be complex and require evidence connecting the termination to unlawful conduct. A California employment lawyer with Venardi Zurada can evaluate your situation, explain your legal options, and help you determine your next steps.
Understanding At-Will Employment in California
Like nearly all U.S. states, California uses an “at-will” employment system. This means that employers can fire workers at any time without cause in most circumstances. However, even within this system, California maintains strong protections against wrongful termination.
It’s critical to understand that being fired for unfair reasons is not illegal. Your employer can terminate you for making mistakes, not getting along with coworkers, or for no reason at all. You may have a valid wrongful termination case if you’re fired for discriminatory reasons, in retaliation for making workplace complaints, or for other reasons like refusing to commit crimes as part of your job.
When You Can Sue Your Employer for Wrongful Termination in California
Exactly when and how you can file a wrongful termination lawsuit against your employer depends on the reason why you believe you were fired. Suing your employer for wrongful termination in California can be complex, and being targeted in a mass layoff can further complicate the process. Getting experienced legal guidance can maximize your chances of a successful outcome.
Firings that can lead to wrongful termination lawsuits include:
Discrimination-Based Termination
Under California’s Fair Employment and Housing Act (FEHA), it’s considered illegal discrimination to fire workers based on protected characteristics, including:
- Race
- Gender
- Age
- Disability
- Religion
- Sexual orientation
- National origin
- Pregnancy
Retaliation for Protected Activity
It is illegal to fire an employee in retaliation for actions considered protected by law:
- Taking time off from work
- Filing a workers’ compensation claim after an on-the-job injury
- Demanding fair payment and benefits under wage and hour laws
- Whistleblowing, including disclosing workplace safety violations, illegal activity, and more
- Making a sexual harassment complaint
Breach of Employment Contract
If you signed a written employment contract that requires just cause for termination, you aren’t subject to at-will employment rules and can sue your employer from a strong position if it violates the terms of your agreement.
Oral or implied employment agreements are also legally enforceable in California, but proving them can be very difficult.
Public Policy Violations
Under California court precedent, workers who are fired after refusing to perform illegal acts for their employer can pursue what’s called a “Tameny claim” to recover damages for wrongful termination.
Examples of firings that can allow for Tameny claims include:
- A finance employee is given a poor performance review and terminated shortly after pushing back on his supervisor’s suggestions that he falsify company records.
- A restaurant worker is terminated after testifying against a coworker accused of sexual assault, whom her manager told her to defend.
- A hiring manager is fired after refusing to follow her employer’s instructions to reject candidates of a certain race or religion.
What Isn't Considered Wrongful Termination (Even If It Feels Unfair)
Any justification for a firing — even no reason at all — is legal unless specified otherwise. The law only protects against specific types of unlawful and harmful terminations. Your employer can terminate you for any of the following reasons:
- Poor performance
- Personality conflicts or feuds with other employees
- Layoffs, restructuring, downsizing, or eliminating positions
- Not fitting into the “company culture”
However, many employers use one of these justifications to mask discriminatory or retaliatory intent when firing a worker. An experienced wrongful termination lawyer can help you determine whether you have a valid claim.
Steps to Take If You Believe You Have a Wrongful Termination Case
If you’ve been terminated and suspect your employer acted illegally, it’s important to take action quickly. The steps of the legal process for wrongful termination claims include:
- Preserve evidence: Gather any written communications, company policies, performance reviews, or other records that can support your case.
- Get a free consultation: A trusted wrongful termination lawyer can go over the details of your case and explain whether you may have a valid claim.
- Build a case: If you move forward, your attorney will investigate your situation, gather evidence, and prepare to take legal action.
- File an administrative complaint: Before filing a wrongful termination lawsuit, you must obtain a “Right-to-Sue” notice from the California Civil Rights Department (CRD). If you decide to go through an administrative investigation instead, the CRD may eventually file a lawsuit on your behalf.
- File a civil lawsuit: Your attorney will submit a legal complaint and notify your employer of the suit.
- Discovery: Both sides will exchange information and evidence to prepare for a possible trial. Your lawyer may negotiate a settlement with your employer at any point before or during discovery.
- Mediation or arbitration: If you cannot reach a fair settlement, the court may order you to meet for talks with a neutral party in an attempt to resolve the case before trial.
- Trial: If necessary, your lawyer will fight in court to get you the outcome you deserve.
What Evidence Is Needed to Support a Wrongful Termination Claim?
Without sufficient evidence, an otherwise solid wrongful termination claim can instead become just a story. Types of evidence that can help support your wrongful termination case include:
- Employment records, including contract documents, company policies, and pay stubs
- Notes or other documentation detailing patterns of discriminatory or retaliatory behavior by your employer
- Witness statements from coworkers
- Written communications, including emails and text messages
- Performance reviews or disciplinary records that can show disparate treatment before and after a certain incident
How Long Do You Have to File a Wrongful Termination Claim in California?
The California statute of limitations for wrongful termination claims varies depending on which illegal action is at the center of the case:
- 2 years: Breach of oral or implied contracts, or public policy violations
- 3 years: Discrimination or harassment claims under FEHA, or violations of the California Worker Adjustment and Retraining Notification (WARN) Act’s notice requirements for mass layoffs
- 4 years: Breach of written contracts
There are some exceptions that can temporarily pause these deadlines, such as when the victim is a minor or an employer’s illegal actions are discovered later. A knowledgeable employment lawyer can help explain the nuances and how they apply to your case.
Contact an Experienced Wrongful Termination Lawyer to Strengthen Your Case
If you’ve been wrongfully terminated, federal and state law provide protections that can help you hold your employer accountable. Pursuing a claim against your employer can be complex, but an experienced wrongful termination attorney can guide you through the process and ease your stress. The earlier you contact a lawyer, the better your chances of getting the justice you deserve.
At Venardi Zurada, our trusted employment law attorneys offer free, confidential consultations—and we don’t charge any fees unless you win your case. Contact us online or call 833-893-6763 today to learn more about how we can help you.
Frequently Asked Questions About Wrongful Termination in California
Can I Still File a Claim If I Quit My Job or Was Forced to Resign?
Does Signing a Severance Agreement Impact My Eligibility to File a Claim?
What If I Only Had a Verbal Agreement and Not a Written Contract?
Oral contracts are still legally binding in California, so you can still pursue a case for wrongful termination. However, verbal agreements are much harder to prove.
