How To File A Wrongful Termination Claim In California

A Guide To Wrongful Termination Claims And Your Legal Options

Losing a job is a terrible experience for anyone, but losing a job because of wrongful termination is far worse. Your reputation, as well as your current and future financial security, are on the line.

Wrongful Terminations are taken seriously in California. If you were unlawfully fired, you are entitled to compensation for your losses.

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California Employment Law: Wrongful Termination

It is illegal for an employer to illegally "discharge or terminate" employees under the California Fair Employment and Housing Act (FEHA). The California Family Rights Act (CFRA) and the New Parent Leave Act are two more legislation that may apply (NPLA).

By "wrongful," is it usually implied that an employee is not hired, promoted, or terminated because of their protected class status based on:

  • The FEHA, which is codified in Cal. Gov. Code 12900 et seq., applies to employers with five or more employees unless they are the employer's parents, spouse, or child.

  • Religious organizations and corporations that are not organized for private profit are likewise exempt from the statute.

Wrongful termination laws in California prohibit discrimination in all sorts of commercial operations. As a result, an employer is unable to discriminate on the basis of a protected group.

Some examples of these discriminatory actions include:

Discrimination is not permitted in any of the following situations:

  • Screening, applications, and interviews are all part of the process.

  • Recruiting, relocating, promoting, separating, or terminating employees.

  • Participation in an apprenticeship or training program and membership in a labor union or other employee organization.

  • Terms of employment, including pay, assignments, etc.