Top Grounds for Wrongful Termination Claims in California

California’s Fair Employment and Housing Act (FEHA) prohibits those engaged in the housing business—landlords, real estate agents, home sellers, builders, and mortgage lenders, among others—from discriminating against tenants who fall under the protected persons category. FEHA provides protection from harassment or discrimination in employment because of age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation.

 

Fired for being black/gay/pregnant/old/disabled/politically active

 

California’s Fair Employment and Housing Act (FEHA) provides protection from harassment or discrimination in employment because of age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation. The FEHA applies to public and private employers, labor organizations and affiliations, and employment agencies.

 

Fired for being a whistleblower

 

Whistleblower termination occurs when an employee is fired for engaging in whistleblowing activity, such as reporting an employer’s illegal or unethical behavior. There is no single law that protects whistleblowers from retaliation. Instead, there are numerous federal and state laws that include protection for whistleblowers as part of the law. 

 

Some laws that prohibit certain types of unethical or illegal corporate behavior explicitly protect employee whistleblowers. The main whistleblower protection law is the False Claims Act of 863 which is still in use today.

 

Sarbanes-Oxley Act and Qui Tam

 

The Sarbanes-Oxley Act of 2002 is a federal law that was enacted in response to a number of major corporate and accounting scandals. The act established new or expanded requirements for public companies and accounting firms, including requiring CEOs and CFOs to certify the accuracy of their companies’ financial statements.

 

The “qui tam” section of the California False Claims Act allows private individuals to sue on behalf of the government for fraud against the government. If your employer retaliate against you for whistleblowing contact a wrongful termination attorney in Los Angeles for help. 

 

Fired in violation of an implied contract

 

An implied contract is an agreement between an employer and employee that is not explicitly stated but is inferred from the circumstances of the employment relationship. In an at-will employment relationship, an implied contract may exist if the employer has made promises or representations to the employee that are not included in a written contract.

 

An employer creates an implied contract to terminate an employee when they make promises or representations to the employee that they will only be terminated for good cause.

 

The "covenant of good faith and fair dealing" is a legal term that refers to an implied obligation of honesty and fairness in contractual dealings. In employment law, it means that employers must act in good faith when dealing with employees and must not act in a way that would undermine their job security.

 

Fired in violation of public policy

 

Wrongful termination in violation of public policy happens when an employer fires an employee for performing a legal obligation or exercising a legal right, and the obligation or right is related to important public policy. 

 

For example, if an employee reports illegal conduct carried out by their employer, refuses to carry out illegal activities, or exercises a statutory right or privilege, and is subsequently fired as a result, this would be considered wrongful termination in violation of public policy.

 

Fired for filing a workers’ comp claim

 

If you get fired for making a workers’ compensation claim, you can file a wrongful termination lawsuit. It does not matter if you are an “at will” employee since retaliation for invoking workers’ compensation rights is a clear violation of public policy. Successful lawsuits can recover back wages and even lead to reinstatement.

 

Mass layoff with insufficient notice

 

The Worker Adjustment and Retraining Notification Act of 988 (the “WARN Act”) is a US labor law that protects employees, their families, and communities by requiring most employers with at least 10 employees to provide 60 calendar-day advance notification of plant closings and mass layoffs of employees, as defined in the Act. 

 

The WARN Act helps ensure advance notice in cases of compnay closings and mass layoffs. Employees entitled to advance notice under the WARN Act include managers, supervisors, hourly wage, and salaried workers.

 

Fired for taking leave or making wage and hour complaints

 

Your employer may not fire you for complaining, whether internally or to the Department of Labor, that your employer has failed to pay the minimum wage, failed to pay overtime, denied legally required breaks, or illegally kept a portion of your tips. Taking employee leave or making wage and hour complaints are also grounds for a wrongful termination claim in California.

 

If you believe you have been wrongfully terminated from your job in California, it is important to take action to protect your rights. Wrongful termination can have serious consequences for your career and future employment prospects. Consult with an experienced employment lawyer who can help you understand your rights and determine the best course of action to take. A lawyer can review your case, gather evidence, and advise you on your legal options, including whether you may have a claim for wrongful termination.