In California, both unlawful and wrongful termination can result in serious legal consequences for employers. While the two terms may seem interchangeable, they actually refer to different types of termination that can occur in the workplace. In this blog post, we’ll explore the difference between unlawful and wrongful termination in California.
Unlawful Termination
Unlawful termination occurs when an employer fires an employee for a reason that is prohibited by law. In California, employers cannot terminate employees for reasons that are discriminatory or in retaliation for protected activities. Examples of unlawful termination include firing an employee because of their race, gender, religion, sexual orientation, or age. Employers also cannot terminate employees for engaging in protected activities such as filing a workers’ compensation claim or whistleblowing.
If an employee believes that they have been unlawfully terminated, they may file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The employee may also choose to file a lawsuit against their former employer. If the employee is successful, they may be entitled to damages such as lost wages and benefits, as well as emotional distress and punitive damages.
Wrongful Termination
Wrongful termination, on the other hand, occurs when an employer violates an employment contract or the implied covenant of good faith and fair dealing. California is an at-will employment state, which means that employers can generally terminate employees for any reason, as long as it is not unlawful. However, employers cannot violate an employment contract or the implied covenant of good faith and fair dealing. For example, an employer may be found guilty of wrongful termination if they fire an employee for refusing to engage in illegal activities or for reporting safety violations.
If an employee believes that they have been wrongfully terminated, they may file a lawsuit against their former employer. If the employee is successful, they may be entitled to damages such as lost wages and benefits, as well as emotional distress and punitive damages.
Key Differences
The key difference between unlawful and wrongful termination is the reason for the termination. Unlawful termination occurs when an employer fires an employee for a reason that is prohibited by law, while wrongful termination occurs when an employer violates an employment contract or the implied covenant of good faith and fair dealing. In both cases, the employee may be entitled to damages if they are successful in their lawsuit.
It is important for employers to have clear policies and procedures in place for termination, and to ensure that all termination decisions are made in a non-discriminatory and non-retaliatory manner. Employers should also keep detailed records of employee performance and any disciplinary actions, to provide evidence of a legitimate reason for termination if necessary.
Employees who believe they have been the victim of unlawful or wrongful termination should consult with an experienced employment attorney, who can provide guidance on the best course of action. It is important for employees to act quickly, as there are strict deadlines for filing complaints and lawsuits.
As an experienced employment law firm, at David Myers, we can provide legal assistance to individuals who have been the victim of unlawful or wrongful termination in California. We can help clients by evaluating the case, filing a complaint, representing the client in negotiations, mediation, or court, obtaining damages, and providing guidance throughout the legal process.
We understand the emotional and financial toll that unlawful and wrongful termination can have on individuals and their families. Our commitment is to provide compassionate and aggressive legal representation to help clients seek justice and obtain the compensation they deserve.
If you believe you have been the victim of unlawful or wrongful termination in California, we encourage you to contact us today for a consultation to discuss your legal options. We are here to help you navigate the legal system and fight for your rights.