In California, employment laws can be confusing for workers and employers. People often hear terms like “wrongful termination” and “at-will employment,” but they may not fully understand what these phrases mean. It’s important to know the difference because it can make a big impact on your rights as a worker or as an employer. California is considered an at-will employment state, meaning that either the worker or the employer can end the working relationship at any time. However, there are still rules that protect employees from unfair treatment. This is where wrongful termination comes into play. While many employers may think they can let an employee go without cause, that is not always the case. There are certain circumstances where firing someone is illegal. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Knowing your rights under at-will employment and wrongful termination laws is important. When someone loses their job, they often feel frustrated, confused, and overwhelmed. They might not know if their termination was legal or if their rights have been violated. Understanding what wrongful termination is and how it differs from at-will employment can help make sense of the situation and give workers a clearer picture of their legal options.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What Is At-Will Employment in California?
California follows the rule of at-will employment, which is a standard across the United States. At-will employment means that an employer can end your job at any time without having to provide a reason. You, as the employee, can also leave your job whenever you choose without having to give a reason. On the surface, this might seem like a simple, fair arrangement where both the employer and the employee have equal power to end the relationship. But this system does have its limits.
At-will employment does not mean that an employer can fire someone for any reason they want. Even though an employer doesn’t need to give a specific reason for letting someone go, they still must follow state and federal laws that protect employees from discrimination, retaliation, and other forms of illegal behavior. For example, an employer cannot fire someone because of their race, gender, religion, or age. Additionally, firing an employee for reporting illegal activities or refusing to engage in illegal actions is also prohibited.
At-will employment gives employers flexibility, but that doesn’t mean they have absolute power. The state of California has many laws that ensure employers can’t take advantage of their employees under the at-will system. Employees who believe they have been unfairly terminated may have a case for wrongful termination.
What Is Wrongful Termination in California?
Wrongful termination occurs when an employer fires an employee for illegal reasons. Even though California is an at-will employment state, an employee’s termination can still be unlawful if it violates certain rules and protections. Wrongful termination happens when an employee is fired because of discrimination, retaliation, or in violation of their employment contract.
Discrimination is one of the most common forms of wrongful termination. This happens when an employer fires an employee because of their race, gender, age, disability, religion, or other protected characteristics. Federal and state laws clearly protect employees from this type of discrimination, making it illegal for employers to fire someone based on these characteristics.
Retaliation is another reason why an employee might be wrongfully terminated. Retaliation occurs when an employer fires an employee for taking part in legally protected activities. For example, if an employee reports unsafe working conditions or files a complaint about sexual harassment, their employer cannot retaliate against them by firing them. If they do, it would be considered wrongful termination.
A wrongful termination case can also arise if the employer breaks a written or implied contract with the employee. If the employee has a contract that promises job security or states that they can only be fired for specific reasons, then the employer must follow the contract. Violating the terms of this contract would result in a wrongful termination claim.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
How to Tell If You Have Been Wrongfully Terminated
If you’ve lost your job in California and you believe it was wrongful, there are certain things to consider. First, think about the reasons for your termination. Were you fired for reasons that feel unjust or illegal? If so, your termination might be wrongful. Common reasons for wrongful termination include being fired after filing a complaint against your employer, reporting illegal activities, or refusing to engage in illegal actions.
Another factor to consider is whether your employer treated you differently than other employees. If you were fired while others who were in similar situations were allowed to keep their jobs, this could be a sign of wrongful termination. Discrimination often takes the form of treating certain employees unfairly while others in the same position are not subject to the same actions.
It’s also important to review any contracts or agreements you may have signed when you started your job. Some employees sign contracts that protect them from being fired without just cause. If your employer did not follow these terms, then your termination could be considered wrongful.
Wrongful termination can be difficult to prove, and it’s important to gather as much information as possible. This may include emails, written documents, or statements from coworkers. Having clear evidence will strengthen your case if you decide to take legal action.
Legal Protections for California Workers
California offers some of the strongest worker protections in the country. In addition to federal laws that protect employees from discrimination, retaliation, and other unfair treatment, California has its own set of laws that provide additional protection.
The Fair Employment and Housing Act (FEHA) is one of the most important laws in California when it comes to protecting employees. This law makes it illegal for employers to discriminate against employees based on their race, gender, disability, religion, and other protected characteristics. It also prohibits retaliation against employees who file complaints or take part in investigations regarding unlawful activities in the workplace.
Another important protection for workers in California is the Labor Code. This code covers a wide range of topics, including wage and hour laws, whistleblower protections, and workers’ rights to safe and healthy working conditions. Employers who violate these laws could face penalties, and employees who have been wrongfully terminated may be entitled to compensation.
It is important to remember that wrongful termination laws apply to most, but not all, employees in California. For example, certain independent contractors and workers in temporary positions may not have the same protections. However, in many cases, workers who are classified as independent contractors may actually be misclassified and entitled to the same rights as regular employees.
Related Videos
Choosing an Employment Law Attorney
Recovering Damages in an Employment Law Claim
How to Take Action if You’ve Been Wrongfully Terminated
If you believe you have been wrongfully terminated, it’s important to act quickly. While it can be an overwhelming experience to lose your job, gathering information and understanding your rights is key. First, try to gather any evidence that supports your claim. This may include copies of any employment contracts, written communications with your employer, or witness statements from coworkers.
The next step is to consult with an attorney who has experience handling wrongful termination cases in California. They will be able to evaluate your situation and guide you through the legal process. This can be a complex area of the law, and having legal help is often necessary to ensure that your rights are protected. Your attorney will help determine if your case has merit and assist in filing any necessary claims or lawsuits.
It’s also important to know that there are time limits for filing a wrongful termination claim. In California, you generally have to file your claim within a certain period after your termination. Failing to do so could result in losing your chance to pursue legal action.
Losing your job can be a stressful and difficult time, especially if you believe you’ve been wrongfully terminated. Understanding your rights under California’s at-will employment and wrongful termination laws is the first step toward seeking justice. If you believe you’ve been unfairly treated, reach out to The Myers Law Group, APC for guidance and support. Our experienced team will help you navigate the legal process and fight for the compensation and justice you deserve. Let us stand by your side and help you protect your rights as an employee in California.