Can I Sue My Employer For Wrongful Termination?
By Corey Hanrahan
Can I sue my employer for wrongful termination? Yes! Even though most employees in California are considered to be at-will employees, there are protections that prevent employers from terminating employees for certain reasons. In California, there are several protections that employees have from being terminated. Some of those limitations to at-will employment are: (1) collective bargaining agreements, (2) statutory protections prohibiting discrimination, and (3) public policy.
“…It is also illegal for an employer to terminate an at-will employee for a reason that violates fundamental public policy. This is a much broader range than the statutory protections…“
The main basis for wrongful termination lawsuits come from statutory protections. These are protections contained within California statutes that limit an employer’s ability to discharge or discipline an employee. Some examples are:
- Age, race, sex, gender, national origin, disability, sexual orientation, etc. (Government Code section 12940),
- Political affiliation (Labor Code sections 1101, 1102),
- Whistleblowing (Labor Code section 1102.5),
- An earnings assignment order for enforcement of child support obligations (Family Code section 5290),
- Taking time off to attend judicial proceedings relating to a crime in which the employee was the victim (Labor Code sections 230.2, 230.5), and
- Taking time off for jury duty, to appear in court as a witness, or to seek relief from domestic violence, sexual assault, or stalking) (Labor Code sections 230(a)-(c), 230.1).
It is also illegal for an employer to terminate an at-will employee for a reason that violates fundamental public policy. This is a much broader range than the statutory protections. This cause of action arises when an employer terminates an employee for a reason that itself is not illegal under a statute, but for a reason that violates public policy that is contained in a statute. This supports a cause of action for wrongful termination in violation of public policy. For example, an employer cannot terminate an employee for refusing to sign an unlawful contract/agreement.
If you have been recently terminated and you believe that the termination was unlawful, contact The Hanrahan Firm for a free consultation.