5 Examples of Wrongful Termination in California
All day long, we can point you to statutes and regulations that forbid multiple types of job terminations in California and nationwide. But sometimes, giving you an example is the best way to help you understand your workplace rights. Below, we give you five wrongful termination examples and a brief overview of how you can address them.
We can guide and champion your rights if your boss unfairly fires you. Starpoint Law has won significant awards for many employees in California, and we customize our representation to each client’s specific needs. Contact us today to set up an appointment.
What Is a California Wrongful Termination?
An employer wrongfully terminates an employee and could be liable for damages if it terminates the employee in one of the following ways:
- The employer fires the employee for discriminatory reasons;
- The employer fires the employee in retaliation for the employee engaging in a protected activity;
- The employer fires the employee against public policy; or
- The employer fires the employee in breach of an employment contract.
If you can prove your employer fired you in one of the above-listed ways, you might have the right to financial damages from your employer or reinstatement of your job.
Wrongful Termination Examples
The following are scenarios that show how an employer might commit wrongful termination.
Scenario 1: Whistleblower Retaliation
Whistleblowers are employees who tell the authorities about their employer’s illegal practices. State and federal laws prohibit employers from firing employees for their proper disclosure of illegal activities at work. Now, let’s see how this retaliation may look.
The disclosure
Maria discovers that her company improperly disposes hazardous waste, violating environmental regulations. She reports these illegal activities to the California Environmental Protection Agency.
The termination
Two weeks later, Maria met with her supervisor and was terminated without a clear explanation. The official reason was for “poor performance,” but Maria consistently received positive performance reviews. Given the timing and circumstances of her job loss, Maria’s termination could be wrongful because it appears to be retaliation for whistleblowing.
Scenario 2: Age Discrimination
California and U.S. laws outlaw job terminations based on an employee’s protected characteristics, which include:
- Religion,
- Race,
- Color,
- Gender,
- Sex,
- Pregnancy (and pregnancy-related conditions),
- Disability,
- Military status,
- Marriage status,
- Veteran status,
- Age (40 or older),
- Nationality,
- Genetic information,
- Medical condition, or
- National origin.
A firing based on any of the above is discriminatory. Victims of discriminatory termination can file a complaint with the government or a lawsuit in court. Take a look below at a scenario that shows unlawful discrimination in action.
The protected employee
John, a 58-year-old project manager, is replaced by a younger employee despite John’s extensive experience and successes at work. John noticed that his employer had also recently fired other colleagues who were over 40.
The termination
John is terminated under the pretext of “restructuring,” but his former employer continues to hire younger employees for similar positions. John’s termination could be illegal age discrimination.
Scenario 3: Termination in Violation of Public Policy
There are several activities that U.S. and California residents can engage in that the law wants to protect. One way the law protects these activities is to prevent employers from firing employees who take part in these activities. An employer who fires an employee for doing the following could be liable for termination against public policy:
- Taking time off to serve on a jury after giving the employer proper notice,
- Taking time off to tend to serious medical or family matters,
- Reporting for military duty, or
- Taking time off to handle first-responder duties.
There are multiple other ways an employer might commit a termination against public policy, and you should speak to an attorney about your legal options. But for now, you can review an example of this type of termination below.
The public policy
Rebecca works for a retail store and is summoned for jury duty. She informs her employer and takes time off to fulfill her civic duty. Rebecca was selected for the jury and was absent from work for three days.
The termination
After Rebecca returns to work, her employer fires her for “unreliable attendance.” Rebecca is baffled by the turn of events because she has not had an unexcused absence in years, and her employer has promoted her several times since her unexcused absence. Rebecca’s termination likely violated public policy protecting employees who participate in jury duty.
Scenario 4: Breach of Contract
Employment contracts that state an employee will have their job for a set period or be fired only if they engage in certain misconduct eliminate the at-will employment rule. You could have an employment contract that is implied, express, oral, or written. Our attorneys can evaluate the facts of your case to determine if you have enforceable contract rights under which you can sue for wrongful termination. Here’s what a contract violation might look like.
The contract
Tom has an employment contract with a financial services company that stipulates he can only be terminated for failing to meet specific company metrics. Tom has not been written up for performance issues and consistently meets and exceeds his employer’s metrics.
The termination
Tom’s company terminated him, claiming “organizational changes.” However, the company hired several new employees for similar roles shortly after Tom’s departure. Tom’s termination could be considered wrongful due to a breach of his employment contract, which specified termination only for failing to meet company metrics. Tom could have a right to sue.
Scenario 5: Constructive Discharge
Sometimes, employees can sue for wrongful termination after they quit their jobs. An employee who quits their job because their employer makes their work environment so intolerable that quitting is reasonable could be the victim of a constructive discharge. A constructive discharge based on an employer’s illegal motives or actions could give an employee the right to legal relief. The following is an example of an unlawful constructive discharge.
The intolerable workplace
Lisa worked at a mid-sized advertising agency where her supervisor created an increasingly hostile work environment. Her supervisor frequently made derogatory comments about women and routinely criticized Lisa’s contributions with sexist remarks. Lisa reported the behavior to the Human Resources department multiple times, but no one addressed the issue.
The resignation
Lisa started experiencing severe stress, anxiety, and depression due to the ongoing, unchecked harassment. To protect her health, Lisa resigned. Lisa likely has a right to seek remedies for wrongful termination.
If you don’t see an example that looks similar to your situation, don’t worry. There are many ways a wrongful termination can occur, and the best way to protect yourself is to speak to an experienced attorney.
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At Starpoint Law, our wrongful termination attorneys bring a wealth of experience to every case. If you've been wrongfully terminated and need a powerful advocate on your side, call us or contact us online to schedule a free case review.
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