Wrongful Termination Against Public Policy
In California, employees can file wrongful termination lawsuits if they are terminated in violation of public policy or a law. Exceptions to the at-will employment rule include situations where an implied or express contract exists that outlines specific termination conditions. For instance, an employee handbook might create an implied contract if it specifies reasons for termination. Additionally, wrongful termination claims can arise if an employee is fired for refusing to engage in illegal activities at the employer’s request.
Damages
If you can prove wrongful termination, you may be entitled to various damages, depending on the applicable law. Potential damages include lost income, lost benefits, back pay, front pay, compensatory damages for emotional distress, and attorney’s fees. In cases of particularly egregious employer misconduct, punitive damages may also be awarded. In some instances, reinstatement to your former position might be possible if the employment relationship is not irreparably damaged.
Wrongful Termination Arising Out of Discrimination
Wrongful termination occurs when an employer unlawfully ends the employment relationship based on discriminatory reasons. Under the Fair Employment and Housing Act (FEHA) and the California Labor Code, it is illegal to terminate employment based on protected characteristics, including but not limited to:
- Medical condition
- Disability
- Pregnancy
- Sex (including pregnancy, childbirth, and related medical conditions)
- Age
- Color
- Race
- Religion
- Religious dress and grooming practices
- National origin
- Ancestry
- Sexual orientation
- Gender identity and expression
- Marital status
- Citizenship status
- AIDS/HIV status
- Domestic violence victim status
- Military or veteran status
- Genetic information
- Political beliefs or activities
- Hair texture, styles utilizing braids, locks, or twists
For example, if you were terminated because you requested time off due to an injury, or if you were fired due to your pregnancy or a disability, you might have a valid claim for wrongful termination.
Wrongful Termination Arising Out of Retaliation
FEHA, along with various federal anti-discrimination and whistleblower laws, also protects employees from retaliation. Employers cannot terminate or retaliate against employees for engaging in protected activities, such as reporting harassment or discrimination, filing a lawsuit under FEHA, or participating in an investigation.
For expert guidance and representation, contact SAW LAW GROUP to discuss your potential wrongful termination case. We are dedicated to advocating for employee rights throughout California.
