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2023 Guide to Wrongful Termination Laws in California

In California, an employer can fire an employee for any reason, providing that the reason is not unlawful. However, if an employer fires you for an improper or illegal reason, you may be able to file a wrongful termination claim. The Law Office of John P. Martin can help you with California wrongful termination laws.

What Is Considered Wrongful Termination in California?

If an employee is terminated in violation of an employment contract, for exercising legal rights, or for discriminatory reasons, it may constitute wrongful termination. Like other states, California has “at-will” employment. This allows employers to terminate employees for any legal reason. However, some terminations may violate the wrongful termination laws in California.

An employee may have a wrongful termination claim if they are fired under these circumstances:

Discriminatory Termination: Employees are forbidden from using protected characteristics, such as race or sex, to make job decisions. If you were fired because of your age, nationality, or gender identity, you might have a wrongful termination claim.
Contract Claims: While employers can generally fire employees at any time, terminations cannot violate employee contracts. Contract claims apply to both written and oral contracts.
Public Policy Claims: If you are fired for exercising your legal rights, reporting illegal behavior in the workplace, or refusing to break the law, you may be able to make a public policy claim. Employers cannot use termination to violate an employee’s rights in the workplace.
Retaliation: If you are fired after filing a discrimination complaint, requesting leave, or enforcing your rights in the workplace, your firing could be seen as retaliatory. California has many laws that protect workers against retaliation.
Constructive Termination: Some employers force employees to work under difficult conditions to push them to quit. In California, this is considered to be a form of wrongful termination.

Filing a Wrongful Termination Claim in California

If you have been fired and believe that your employer may have fired you for an unlawful reason, you must collect and preserve evidence supporting your claim. Print out copies of emails and save texts and other documents your employer has given you, such as performance reviews. This evidence can be used to demonstrate that your termination was in violation of California law.

You should also contact wrongful termination lawyers in San Diego as soon as possible. An attorney can assess your claim and help you assert your legal rights. If you were not able to obtain essential documents from your employer before your termination, your lawyer could request that your employer provides them.

There is a strict time limit for filing a wrongful termination claim in California, so it is important that you talk to a lawyer as soon as possible. While the statute of limitation on claims can vary, claims typically need to be filed within two years of the termination. Whistleblower claims must be filed within 180 days.

Damages You Can Recover From a Wrongful Termination Claim

If the court agrees that your termination was unlawful, you may be eligible for compensatory and non-compensatory damages. Recoverable damages include:

Lost wages and benefits (including interest)
Loss of future wages
Emotional distress
Job reinstatement
Attorney’s fees

Depending on the circumstances of your case, you may also be able to request punitive damages. The purpose of punitive damages is to penalize the employer for their misconduct (and they do not have to be connected to any financial or non-financial damages you have incurred). Courts only grant punitive damages when the employer is proven guilty of oppression, fraud, or malice, so these damages may not be applicable to your case.

Legal Help From John P. Martin

Although you may believe you were wrongfully terminated, proving a claim in court can be difficult. The Law Office of John P. Martin can assess your claim and gather critical evidence that supports your case. This evidence may include recorded communications between you and your employer, your employment contract, and eyewitness accounts from other employees.

Wrongful termination laws in California are complex, so it is essential to have guidance from an employment lawyer in San Diego during this difficult process. If you have been the victim of a wrongful termination, we will help you recover the compensation that you are entitled to. Give us a call at (619) 807-5299 to learn more or request a consultation.

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