Wrongful Termination Law in California

One of the most frustrating and perhaps bewildering moments in any employee's career is finding out that your employer is ending the employment relationship. After the initial shock, questioning, bargaining, accusations, and maybe a moment of self-criticism, employees often seek out a lawyer for information. Inevitably, the most common question to the lawyer is a variation of “my boss fired me for no real reason, does this qualify under wrongful termination law in California?”

Employment “At-Will”

Despite the loaded word “wrongful” in “wrongful termination,” many if not most terminations do not violate the law. The vast majority of employment relationships are an “at-will” contract, meaning that either the employer or the employee may terminate the employment relationship at any time for any reason or no reason. Employers may even give the dismissed employee a reason that is false, evasive, vague, or even an outright lie. But just because your employer lies about the reasons for the termination does not make it a “wrongful termination.”

However, the right to terminate an employee for any or no reason is not absolute. One important limitation is that employers cannot frustrate vital public policies. These public policies must be well established and fundamental, meaning that the employer knew or should have known that terminating the employee would violate that public policy. The difficulty lies in determining when a public policy qualifies as well established and fundamental.

Public Policy Violation—Discrimination and Sexual Harassment

 The right to terminate an employee is not absolute. One important limitation is based on the premise that employers should not be permitted to frustrate vital public policies. These public policies must be well established and fundamental meaning that the employer knew or should have known that terminating the employee would violate a public policy. The difficulty lies in determining when a public policy qualifies as well established and fundamental.

In California, wrongful termination may be based on a statute, common law, or the California Constitution. A termination may violate public policy where an employee is discharged for these and other reasons:

• Refusing to perform an illegal act
• Performing a statutory duty, such as serving on a jury
• Invoking statutory rights, such as filing a worker’s compensation claim
• Complaining about discrimination or sexual harassment

California also extends public policy protection to some whistleblower acts in which the employee reports unlawful conduct by the employer.

California, like most other states, considers terminations in violation of public policy to be a tort, which is a civil wrong, and allows you to pursue a wrongful termination lawsuit. Accordingly, under wrongful termination law in California, traditional tort remedies generally apply which include lost wages, damages for pain and suffering and, if the employer’s conduct was malicious or willful, punitive damages.

Contact Us About a California Wrongful Termination Lawsuit

Call 415.296.8420 or contact Erlich Law online, lawyers in San Francisco to discuss wrongful termination.