How Can You Demonstrate Wrongful Termination in an At-Will Employment State Like California?

How Can You Demonstrate Wrongful Termination in an At-Will Employment State Like California?

In California, people typically have the right to seek employment and earn an income to support themselves, their families, and their communities. California is known for its progressive stance on employment and has long upheld the idea that workers deserve opportunities to earn a livable wage.

Unfortunately, some employers interpret at-will employment as an opportunity to take advantage of workers, treat people poorly, and terminate their employment for illegal reasons. But, how do you prove wrongful termination in California if the employee-employer relationship is strictly at-will? Our goal is to help workers in California understand their rights and protections to ensure both employees and businesses are legally protected and supported.

What is an “At-Will” Employment State?

California, like many other states, follows the “at-will” employment doctrine. This doctrine means that employees are generally free to leave their jobs at any time, and employers can terminate employees at any time, for almost any lawful reason—or even no reason at all. However, this broad freedom comes with important legal exceptions that employers must follow.

For employees, the freedom to leave a job allows them to explore additional opportunities and seek out positions that better align with their career goals. For employers, at-will employment ensures that staff members contribute to business goals and adapt to changes in the industry. Yet, this system creates confusion when it comes to termination. Employees and employers often wonder how far the at-will framework extends and what constitutes a “lawful” reason for termination.

This freedom allows employees to seek additional opportunities as they grow in their careers while employers are granted the freedom to ensure their staff is working toward business goals and matches the current landscape in their industry. How far does at-will extend?

Unlawful Terminations in California

If your boss wakes up on the wrong side of the bed today and decides they don’t want to work with you any longer, it’s generally within their right to fire you. But, what about situations where the firing is more personal or targets a specific group or trait?

Both state and federal laws prevent employers from terminating employees for being part of a protected class. Employers are not allowed to fire an employee because of their inclusion or perceived inclusion in a protected class. Read our blog on employment discrimination to learn more about those protected classes.

One of the most common types of wrongful termination in California is retaliation. Employers are generally not allowed to fire someone for  “blowing the whistler,” commonly referred to as a “whistleblower” meaning an employee who reports a company’s violation of the law or provides evidence of another employee,  putting others’ health and safety at risk.

Other protected reasons that an employer cannot use to justify firing an employee include:

  • Taking maternity leave for a pregnancy-related condition 
  • Requesting accommodations for a disability  
  • Taking a job-protected leave such as FMLA/CFRA leave

While this is not an exhaustive list, these examples show that the law provides protections against wrongful termination beyond what may be obvious on the surface. Employees have a right to defend their position when the firing is rooted in discrimination, retaliation, or other unlawful reasons.

Defend Your Right to Employment

No one should have to face the fear of losing their job unlawfully. If you believe you were wrongfully terminated, contact Brandon Banks Law today. Our boutique California employment law firm provides a custom-tailored approach to your case, in an effort to ensure your rights are protected and help get the justice you deserve. Wrongful termination cases are similar but separate from constructive discharge cases.