Do you have a wrongful termination claim in California?

When is it and isn’t it a wrongful termination claim in California?

California is an at-will employment state. Generally, an employer in California can let go of an employee for any lawful reason and sometimes for no reason. However, an employer cannot terminate an employee for an unlawful reason.

To successfully win a wrongful termination claim in California, the plaintiff must prove the following:

1. The plaintiff was an employee of the defendant.
2. The defendant (employer) terminated the employee’s employment.
3. After the employee spoke with their employer regarding the termination they determined that they were wrongfully terminated and that the employer violated public policy.
4. By terminating the employee, the employer caused the employee damages.
5. These damages are provable (with evidence).

What is considered “public policy”:

• An employer cannot terminate an employee for any discriminatory reason such as on the basis of race, age, gender, religion, disability, ethnicity, or pregnancy.
• An employer cannot retaliate against an employee and terminate them for reporting discrimination, harassment, unsafe working conditions, or unethical workplace practices.
• An employer cannot terminate an employee whistle blowing.
• An employer cannot terminate an employee for reporting improper work practices that affect the public.
• An employer cannot terminate an employee for performing jury duty.
• An employer cannot terminate an employee for reporting working conditions.
• An employer cannot terminate an employee for disclosing wages with other employees.

If you’ve been unlawfully terminated from your employment and have suffered damages as a result, consult with an experienced civil litigation attorney to begin your lawsuit for wrongful termination in California.