Updated: May 26
What Wrongful Termination Means In California Labor Law
Employers fire workers daily. It may be due to a lack of work ethic, a lack of experience, or something else entirely. For the most part, firing an employee in California is legal. Both the employer and the employee can terminate the working relationship at any time and without warning in an "at-will" state. However, you have the right to file a wrongful termination lawsuit if your boss fires you for the wrong reasons—illegal reasons.
In California, wrongful termination occurs when an employer terminates an employee's employment agreement in breach of the employee's civil rights. A wrongful termination lawsuit can be filed by an employee who was fired for unfair purposes, exercising their legal rights, or violating an employment contract. When an employer terminates an employee's employment agreement in breach of the employee's civil rights, this is known as wrongful termination.
Despite the fact that California is an "at-will" jurisdiction, which means that an employer or employee can be fired at any time and for any lawful reason, with or without cause, and with or without advance notice. Nonetheless, wrongful termination lawsuits arise in California, where state and federal statutes expressly bar employers from dismissing workers for a variety of illegal reasons. According to California termination rules, firing an employee for an illegal cause is wrongful termination.
Anti-Discrimination Laws in the United States and California
Title VII of the federal Civil Rights Act of 1964, the California Fair Employment and Housing Act (FEHA), the Age and Discrimination Act (ADEA), the Equal Pay Act, the Americans with Disabilities Act (ADA), the California Family Rights Act, and the Healthy Workplaces, Healthy Family Act all include anti-discrimination provisions.
Both the California Department of Fair Employment and Housing (DFEH) and the federal Equal Employment Opportunity Commission manage discrimination complaints (EEOC).
Protected Characteristics that will be unlawful to discriminate against: