Details About Wrongful Termination

In the state of California most employees work at-will- meaning they can be fired at any moment with or without notice. While there are several reasons why an at-will employee may be fired, California law addresses reasons that are illegal and off-limits. Workers who have been wrongfully terminated may collect lost wages, benefits, and more as a result of the employer’s violation of the law.

Employment Contract-Based Claims

If you have a valid employment contract that promises continued employment for a specific period of time, or a contract that limits your employer’s ability to fire you, the employer must honor this agreement. If a California employer fires an employee in violation of the terms of a valid employment contract, there may be a valid wrongful termination claim as a result.

It is worth noting that a valid employment contract may be created by a written or an oral agreement. A valid employment contract can also be implied, based solely on certain actions or statements by the employer that create an agreement. If a California employer breached an oral, written, or implied employment contract, the wrongfully terminated employee may seek compensation through a lawsuit, or may use the breach to negotiate a beneficial severance package.

Discrimination-Based Claims

Both California and federal law prohibit employers to make job decisions, including those based on firing, hiring, and promotion, based on specific protected characteristics.

If an employee is fired because he or she is a member of a protected class, that would be a wrongful termination in violation of California employment law. When a wrongfully terminated employee wins an employment discrimination suit, he or she may be awarded lost wages and benefits, attorneys’ fees, court costs, damages for emotional distress, and possibly punitive damages.