Employment in California operates on an at-will basis. Essentially this means that an employee can quit at any time without providing notice. The employer can also terminate the working relationship at any point.
There are, however, some exceptions. If an employment contract states a specified period of employment, this may have to be honored. Furthermore, an employer cannot wrongfully terminate a worker. What constitutes wrongful termination?
Termination based on discrimination
It is unlawful for an employer to treat workers unfavorably based on protected characteristics like race, religion, gender, disability and age. This includes firing them for any of these reasons.
In some cases, an employer may blatantly fire an employer due to one or more of these factors. For example, they may claim that someone has become a burden on the business because they are “too old.” The discrimination could also be indirect. The employer could lay off multiple staff due to cost cutting. Despite not specifically targeting women, if more women are laid off than men during the downsizing, a wrongful discrimination claim could be made.
Termination for asserting legal rights
California has a host of laws that protect employees while they assert certain legal rights. For example, an employee can demand to be paid the minimum wage. They can demand to be paid overtime rates when exceeding 40 hours in a work week. Workers can also demand that the work environment is free from unnecessary health hazards.
When a worker goes to a third party over legitimate concerns in the workplace regarding guaranteed rights, this is often referred to as whistleblowing. Whistleblowing is a protected activity, and the employee cannot be fired for it. Being fired for whistleblowing is a form of retaliation, and it constitutes wrongful termination.
These are just two examples of wrongful termination. If you suspect that you have been a victim, seeking legal guidance will help you assert your rights.