California Wrongful Termination: How to Recognize It
Being wrongfully terminated from your job is a serious issue that can have a significant impact on an employee’s career and well-being. Understanding how to recognize California wrongful termination is crucial in order for you to protect your rights.
In California, a claim for “wrongful termination” is technically called a claim for “wrongful termination in violation of public policy.” The phrase “in violation of public policy” generally means that the termination violated a law – either a California or federal statute like the California Fair Employment and Housing Act, the California Labor Code, or a provision of the California Constitution, or a state or federal regulation that specifically regulates employment.
For example, if you are terminated because of your race, you would have a claim for wrongful termination in violation of public policy because race discrimination violates the California Fair Employment and Housing Act which expressly prohibits employers from terminating employees because of race.
Matt Ruggles usually explains that the phrase “wrongful termination” is better understood when we call it “illegal termination” because there are many situations were a termination might be wrongful because it is unfair, unwise, or mistaken, but not illegal.
For instance, an employer that terminates an employee for a minor infraction simply because the boss is having a bad day would generally be considered “unfair” and therefore “wrongful,” but that scenario would not qualify as “wrongful termination in violation of public policy” because there is no state or federal law or regulation that prohibits an employer from terminating an employee for a minor infraction or because the employer is in a bad mood. The essential distinction is that the termination must be illegal — that is, we must be able to demonstrate that the employer violated the law when it made the decision to terminate the employee.
Step 1: Assess the Stated Reason for Termination
Most of the time your employer will provide a reason, either verbally or in a termination letter, when you are terminated. This stated reason is the employer’s official explanation for why you are being involuntarily separated from employment.
It is essential to carefully consider this reason and how it aligns with your work history and the events leading up to your termination. Common lawful reasons include poor performance, company restructuring, or misconduct. However, if the reason seems unfounded or inconsistent with your record, it may warrant further investigation.
Common reasons given by an employer that often mask an illegal reason (i.e. are used as a pretext for an illegal reason) are vague, nonspecific reasons including: 1) you are not a “good fit;” 2) we are going in a different direction; 3) job elimination, especially when only your job is being eliminated; 4) you are an “at-will” employee so we don’t have to give you a reason.
In Matt’s experience, employer’s that expressly mention “at will” employment at termination almost always have something to hide because the concept of at will employment generally is irrelevant to most employment claims. While it is true that nearly all employees in California are “at will” employees pursuant to Labor Code section 2922, at will employment only is a defense to an employment claim based upon a contract. At will employment is NOT a defense to a claim for discrimination, harassment or retaliation.
However, most employers do not understand this distinction and wrongly believe that at will employment means the employer can terminate employees for any reason, or that the employer does not need a reason to terminate an employee, which is not exactly true. The truth is that in California, an employer can terminate an employee for any reason EXCEPT an illegal reason, meaning a reason that violates “public policy” (any law, statute, regulation, Constitutional provision, etc.).
Step 2: Determine the Actual Reason for Termination
If you contend that the reason the employer gave for your termination is fake, then the next question must be: What is the actual reason the employer terminated you? In order to qualify as a claim for “wrongful termination in violation of public policy,” the “real” or “actual” reason that you attribute to the employer must be something that is illegal (i.e. a reason that violates public policy).
For instance, did the employer terminate you because of some protected characteristic (race, religion, disability, etc.)? Did the employer terminate you because you engaged in protected activity under the law (i.e. did you blow the whistle on illegal conduct at work)? Keep in mind that the actual reason for your termination might be unknown to you, so may take some investigation.
Matt recommends creating a timeline of events leading up to your termination to help recognize any pattern of retaliation, as well as any potential factual connection between your activity at work and the termination decision.
Matt also recommends requesting a copy of your personnel file from your former employer as permitted by California Labor Code section 1198.5. Often times documents in the employee’s personnel file will reveal actions by the employer that are relevant to a claim for wrongful termination.
Step 3: Prove the Stated Reason is False, and the Actual Reason is Illegal
To succeed on a claim for wrongful termination, you must demonstrate that the employer’s stated reason for your termination is false and that the real reason is illegal. This involves gathering evidence that contradicts the employer’s claims and supports your assertion that the termination was based on discriminatory, retaliatory, or other unlawful motives. For example, if you were fired for “poor performance” but have received consistently positive performance reviews, this discrepancy could be critical evidence.
But simply proving you actually had acceptable performance would not be enough; you must also prove that the real reason was illegal. Direct evidence of illegality is not required, but you must have something that show “animus” based on an illegal criterion – if you claim race discrimination, you must show evidence that the employer had animus against you because of your race by demonstrating the employer used derogatory language about your race, etc.
Key Characteristics of Successful Wrongful Termination Claims
Not all wrongful termination claims are equally strong. The most compelling cases typically share these three characteristics:
- Financially Strong Employer: A corporate employer with significant assets is more likely to be a viable target for a wrongful termination claim. Such employers are typically better able to pay settlements or judgments.
- Positive Job Performance History: If you have a long-term record of positive job performance and were respected in your workplace, it strengthens your claim. A solid work history makes it harder for the employer to justify a termination based on performance issues.
- Clear Evidence of Legal Violations: Successful claims often include at least one clear piece of evidence showing that the employer violated the law. This could be documentation of discriminatory remarks, evidence of retaliation following a protected activity, or witness testimonies supporting your version of events.
Conclusion
Recognizing wrongful termination requires a careful analysis of the reasons given for your termination, the true motives behind it, and the strength of your evidence. If you suspect that your termination was illegal, it is crucial to consult with an experienced employment lawyer who can help you navigate the complexities of your case.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California and federal court. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
