Ultimate California Wrongful Termination Guide 2022

Updated: Jun 7

Everything you need to know about filing a Wrongful Termination Claim in California

An employee can bring a wrongful termination claim (also known as a "Tameny" claim after the decision of the California Supreme Court in Tameny v. Atlantic Richfield Co.) where the discharge "violates basic labor laws" embodied in local and federal laws.

In the case of Tameny, for instance, the employee was fired for refusing to engage in an illicit scheme to set fuel retention rates.

An employee does not have a wrongful termination claim just because the termination was unjust or not fair. There are specific labor laws that determine legitimate wrongful termination cases in California. You can request an unbiased referral to a pre-screened California Employment Lawyer for a FREE case analysis 24 hours a day if you believe your employer violated your employee rights.

california wrongful termination

What exactly is considered wrongful termination in California?

Wrongful termination is a type of retribution that employers may inflict on workers. Under both federal and state wage and hour regulations, this is an actionable crime. Section 15(a)(3) of the Equal Labor Standards Act (FLSA) expressly forbids the firing of an employee by an employer if a complaint has been filed. This complaint can be submitted in writing or orally, usually to the Department of Labor's Wage and Hour Division (WHD) (the DOL).

The state law that forbids this is Section 98.6 LC of the California Labor Code. An employee filing a complaint about a labor law violation (most commonly unpaid wages) is covered, similar to Section 15(a)(3) of the FLSA. Section 98.6 LC is often referred to as the "whistleblower statute" since it protects whistleblowers under California wage and hour laws.

Employees in California have the right to sue their employer in federal court if the employee has been wrongfully fired. This can be achieved under the Labor Code at the federal level, under the FLSA, or at the state level.

In addition, if this termination was inflicted as a reprisal on the employee for filing an unpaid wage complaint, then the termination