WRONGFUL TERMINATION

Wrongful termination occurs when an employer terminates an employee for an illegal reason or in violation of public policy.

In California, the law establishes an "at-will" employment. An employer is allowed to fire an employee for any reason, or even without reason, as long as it’s not based on discrimination or retaliation.

The most common type of wrongful termination claims in California include:

  1. Discrimination: Employers cannot terminate employees based on their race, gender, age, religion, disability, or other protected characteristic.

  2. Retaliation: Employers cannot terminate employees in retaliation for engaging in protected activities, such as whistleblowing, filing a complaint, or participating in an investigation.

  3. Breach of Contract: If an employee has a written employment contract or an implied contract that provides for a specific term of employment, and the employer terminates the employee before the end of that term without a valid reason, the employee may have a claim for breach of contract.

  4. Violation of Public Policy: Employers cannot terminate employees for reasons that violate public policy, such as firing an employee for refusing to engage in illegal activity or for reporting a violation of the law.

Key Takeaway: It is crucial to be aware of the time constraints for filing a wrongful termination claim, and employees should move swiftly if they suspect a violation of their rights.