Can You Sue For Wrongful Termination In California?
By Corey Hanrahan
Can you sue for wrongful termination in California? Yes, absolutely. In California, most employees are considered to be at-will employees. In fact, there is a statutory presumption that employees in California are at-will employees. This means that absent proof that you are not an at-will employee, your employer can terminate you at any time, with or without notice, and for any lawful reason. There is no wrongful termination claim if the employer fires you in bad faith. Fortunately, for California employees, there are protections that prevent employers from terminating employees for certain reasons.
“…It is also illegal for an employer to terminate an at-will employee for a reason that violates fundamental public policy. This supports a cause of action for wrongful termination in violation of public policy…“
Some of the limitations of at-will employment are: (1) collective bargaining agreements, (2) statutory protections prohibiting discrimination, and (3) public policy.
Some statutory protections limiting an employer’s ability to discharge or discipline an employee 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 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.
