Being fired from a job can be devastating, both financially and emotionally. However, since California is an “at-will” employment state, employers can terminate a worker’s employment for almost any reason or no reason at all.
But almost every rule has exceptions. Even in at-will states, state and federal laws provide important protections against unlawful terminations. Understanding what constitutes wrongful termination can help California workers recognize whether their firing might have been illegal.
California provides strong protections
California has some of the strongest and most comprehensive employee protection laws in the United States. In some situations, state regulations go far beyond the protections offered by the federal government.
Employees are protected from being fired based on protected traits, including:
- Race
- Religion
- National origin
- Sex
- Gender identity
- Sexual orientation
- Disability
- Medical condition
- Age
- Marital status
For example, an employer can’t legally terminate an employee because they become pregnant, observe a particular religion’s practices or reach a certain age.
California law also protects employees who exercise their legal rights or report workplace misconduct. Employees generally can’t be fired for reporting harassment, discrimination, safety concerns, wage-and-hour violations or suspected illegal activity.
Retaliation isn’t always obvious. Sometimes an employee receives negative performance reviews, disciplinary actions or sudden termination after engaging in protected activity.
California provides strong protections for whistleblowers. Employees who report suspected violations of state or federal law are generally protected from employer retaliation.
Employers may not terminate workers for exercising their protected leave rights or requesting reasonable accommodations.
California employees have protections related to:
- Family and medical leave
- Pregnancy-related leave
- Disability accommodations
- Leave related to military service
In many wrongful termination cases, the employer will try to claim that the firing was based on performance or a business decision. A careful review of emails, text messages, performance evaluations, disciplinary notices, employee handbooks and written complaints may all be valuable evidence that proves the employer wrong.
If you believe your firing violated the law, a legal professional can help you better understand your rights and potential next steps.