Employees in California have very specific protections that they can count on during their course of employment. While this is an at-will employment state, employees are protected against wrongful termination.
At-will employment means that employers can terminate an employee for no reason or any lawfully allowed reason. It also gives employees the right to quit a job when they want. However, there is a fine line between a termination that’s lawful and one that’s not. Understanding these is beneficial for employers and employees.
What is wrongful termination?
Wrongful termination means that the employee was fired for an illegal reason, which can sometimes be challenging to prove. This includes many circumstances, such as race, age, gender, religion or disability. Just because California is an at-will employment state doesn’t mean that employers can fire an employee based on anything that’s protected by federal and state laws.
Termination also can’t occur as a means of retaliation because the employee engaged in a protected activity. This includes filing complaints about discrimination, harassment, safety violations, illegal activities or taking part in any activity that’s protected by law. Wrongful termination also includes firing someone for participating in an investigation into a complaint about a protected activity.
What can employees do about wrongful termination?
Employees who believe they’re facing a wrongful termination should explore their options. Some of these may include filing formal legal complaints, but this can be complicated. It may behoove them to get assistance if they opt to take this step regarding the illegal termination because they may need help with certain aspects of the case, such as gathering documents or ensuring that the case is handled properly.