California is an “at-will” employment state. Basically, this means that either party can walk out of the employment contract without necessarily disclosing their reasons for doing so.
However, an employer cannot fire you for unlawful reasons. If this happens, then you can file a wrongful termination claim under California’s Fair Employment and Housing Act. Here are instances when you can sue an employer for wrongful termination.
Breach of contract
Sometimes, an employment contract will stipulate circumstances that might lead to your termination. If the contract contains this provision, then termination for any reason other than what is stated in the contract would be deemed wrongful. In other words, if the contract states that the employer will only terminate your engagement for “good cause,” then the employer’s reason for your dismissal must fit the contract’s description of what is deemed as “good cause.”
Good faith/bad faith covenant
In every contract, both parties are required to exercise “good faith and fair dealing.” Basically, this means that both you and your employer are presumed to promise not to engage in unfair acts that will deprive the other party of the benefits of the employment contract. If an employer engages in evasions, deliberate frustrations or other acts that interfere with the employee’s work, and subsequently dismisses them, then this could give rise to a wrongful termination claim.
Unlawful retaliation or reprimand
Every employee has a right to a harassment-free workplace. Additionally, every employee has a right to decline an unlawful directive. If your employer fires you for reporting workplace harassment or other illegal activities, then you may file a wrongful termination claim against them.
Wrongful termination is a common problem in most workplaces. If you are a victim of wrongful termination at work, you need to explore your legal options and protect your rights and interests.