Many employees who feel they have been unjustly fired believe they can establish a strong claim for wrongful termination. While unfair treatment can be deeply frustrating and demoralizing, it is essential to recognize that not all terminations, even those that seem blatantly unfair, meet the legal criteria for wrongful termination under California law. The distinction between a firing that is unfair and one that is legally actionable can be complex and nuanced.
The California Fair Employment and Housing Act (FEHA) offers comprehensive protections for employees, safeguarding them from termination based on discrimination, retaliation, or violations of “public policy,” which is defined as violations of federal or state law or regulations. However, these protections apply only when certain legal standards are met, and establishing a strong case often requires clear evidence of illegal conduct by the employer. This process generally includes demonstrating that the employer’s stated reasons for termination are false, proving a discriminatory or retaliatory intent, and demonstrating a factual link between an employee’s protected status or protected activities and the adverse employment action.
Understanding how to establish a strong claim for wrongful termination involves delving into the key elements of a case and gathering sufficient evidence to a claim. Whether you have been fired after raising concerns about workplace safety, for taking legally protected leave, or due to membership in a protected class, it’s crucial to have a well-documented foundation for your claim. Here’s what you need to know about the legal framework and the components that strengthen a wrongful termination case in California.
Were You in a Protected Classification and/or Were You Engaged in a Protected Activity?
To establish a strong claim for wrongful termination, a terminated employee must show that their termination was connected to (or based upon) the employee’s status as a member of a protected class or because the employee engaged in protected activity. These protections under California law are designed to prevent discrimination and retaliation in the workplace. Understanding which characteristics and activities are legally safeguarded can help you determine whether your experience meets the criteria for a viable wrongful termination claim.
Protected Characteristics Covered by the FEHA
The California Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on several protected characteristics, which include, but are not limited to:
- Race
- Color
- National origin
- Religion
- Sex
- Gender
- Sexual orientation
- Gender identity
- Gender expression
- Age
- Disability
- Medical condition
- Genetic information
- Marital status
- Military or veteran status
- Pregnancy and childbirth-related conditions
Individuals who belong to one or more of these protected groups are entitled to protection against discriminatory actions in the workplace based on those characteristics. In other words, the California Fair Employment and Housing Act makes it illegal for an employer to terminate an employee because the employee has one of those characteristics or is in one of those protected classes. The Fair Employment and Housing Act (FEHA) is the “public policy” that must be violated in order to establish a claim for “wrongful termination.”
Protected Activity Covered by the FEHA
Engaging in protected activity involves asserting your rights or reporting violations of the law, which safeguards you from employer retaliation. Certain workplace activities are “protected” under California law because employers expressly are prohibited from discriminating or terminating an employee that engages in those activities. Some common examples of protected activities under California law include:
- Whistleblowing: Reporting criminal activity, fraud, or other legal violations to relevant authorities.
- Reporting Suspected Violations of Law: Disclosing concerns about potential breaches of government regulations or laws.
- Providing Information to Government or Enforcement Agencies: Giving information to government agencies about suspected legal violations.
- Opposing Discrimination or Harassment: Objecting to or participating in investigations of workplace discrimination or harassment, including sexual harassment.
- Requesting Reasonable Accommodation: Seeking accommodations for disabilities or religious beliefs to perform job duties.
- Participating in Legal Proceedings: Being involved in legal actions, such as testifying or providing evidence in court cases, including your own court case.
- Pregnancy Disability Leave: Taking leave for pregnancy-related medical conditions.
- Domestic Violence Leave: Taking time off to address issues related to domestic violence, such as seeking protection or support.
- Voting Leave: Taking time off to vote in elections.
- Complying with Health and Safety Regulations: Reporting unsafe conditions or refusing to work under hazardous situations.
- Discussing Wages and Working Conditions: Engaging in conversations about wages, benefits, or workplace conditions with colleagues.
- Filing Workers’ Compensation Claims: Pursuing benefits following a workplace injury.
- Addressing Privacy Violations: Reporting improper handling of confidential employee information.
- Retaliation Complaints: Filing formal complaints about retaliation in the workplace.
- Reporting Environmental Violations: Disclosing breaches of environmental laws or safety regulations.
Understanding whether your particular activities fall under these protections can be complex, and consulting a qualified employment attorney may be necessary to determine the strength of your wrongful termination claim.
Did You Experience an Adverse Employment Action?
In order to establish a strong claim for wrongful termination, the employee must have been the victim of an “adverse employment action.” An adverse employment action is any action by the employer that would make an employee less likely to want to keep his or her job. Of course, the most common adverse employment action is termination of employment. Although other actions by the employer may qualify as an adverse employment action under California law, a termination of employment ordinarily is required to establish a claim for wrongful termination. Note that a voluntary resignation almost never qualifies as an “involuntary termination” unless the employee can demonstrate a “constructive termination, “ which means the employer created a workplace that was so bad that the employee had no choice but to resign immediately.
Termination of Employment
Termination, or being fired, is the most direct form of adverse employment action. For a termination to be considered “wrongful,” it must violate California or federal law. This could include termination based on discrimination, retaliation, or a violation of public policy. For example, if you were fired after reporting workplace safety violations or due to your membership in a protected class, your termination might qualify as wrongful termination because it violated “public policy,” meaning your termination violated a federal or California law that prohibits termination for a particular reason, like gender, race, etc.
Constructive Termination
Constructive termination occurs when your employer creates working conditions so intolerable that a reasonable person in your position would feel compelled to resign. These conditions must be unlawful, such as persistent harassment, discrimination, or retaliation, and must breach California or federal public policy. For example:
- Harassment: An employee resigns after being subjected to ongoing harassment based on race, gender, or another protected characteristic, and the harassment doesn’t stop despite the employee’s timely and diligent complaints to HR or management.
- Discrimination: An employer refuses to provide reasonable accommodations for a disability, making it impossible for the employee to continue working.
- Retaliation: An employer retaliates against an employee for whistleblowing by unfairly demoting them or increasing their workload, forcing the employee to quit.
For a claim of constructive termination, you generally must demonstrate that you took reasonable steps to address the intolerable conditions, such as reporting the misconduct to your employer. Without these efforts, your claim may be vulnerable to the defense that the employer would have resolved the issues had they been informed.
Was There a Causal Connection Between Your Protected Class and/or Protected Activity and the Adverse Employment Action?
To establish a strong claim for wrongful termination, it is critical to demonstrate a clear and reasonably direct factual connection between the employee’s protected classification or conduct and the adverse employment action (termination of employment) taken by the employer. This connection must show that the employee’s protected status or engagement in protected activities was “a substantially motivating factor” in the employer’s decision to terminate. Establishing this link often requires compelling evidence that can highlight patterns of behavior, timing, and inconsistencies in the employer’s rationale.
Timing and Retaliatory Intent: One of the common indicators of a causal connection is the timing of the adverse employment action. When an employee is terminated shortly after engaging in protected activities—such as filing a harassment complaint, requesting reasonable accommodations, or reporting workplace safety violations—the close timing can suggest retaliatory intent. For instance, if an employee reports racial discrimination and is dismissed a week later, the proximity of these events can strengthen the argument that the termination was not coincidental but retaliatory.
Evidence to Support Causal Connection: Evidence plays a crucial role in proving that the employee’s protected status or actions influenced the employer’s decision. This evidence may include:
- Documented Complaints or Requests: Copies of complaints about discrimination or harassment, or records of requests for reasonable accommodation, can show that the employee engaged in protected activity.
- Witness Testimonies: Colleagues who can testify about discriminatory remarks by the employer, supervisor or management, or unfair other unfair treatment, can bolster the claim, especially if they witnessed or experienced similar treatment.
- Performance History: A history of positive performance reviews or commendations can challenge the employer’s claim that the termination was due to poor performance. If an employee with a consistent record of excellence suddenly receives negative feedback after engaging in protected activity, it could indicate pretext. On the other hand, an employee with a history of poor performance evaluations or frequent performance warnings will have a difficult time proving that a termination based on performance was discriminatory or a result of retaliation.
- Employer’s Shifting Explanations: Inconsistencies or changes in the employer’s stated reasons for termination can also be used as evidence of discrimination or retaliatory intent. For example, if the employer initially cites performance issues but later changes the justification to budget cuts, it could undermine the credibility of the employer’s defense.
Patterns of Discrimination or Retaliation: In some cases, demonstrating a pattern of discrimination or retaliation within the company can support the employee’s claim. Evidence that other employees who engaged in similar protected activities faced adverse actions can indicate a broader pattern and practice of retaliation or bias. Additionally, showing that employees outside the protected class or those who did not engage in protected activity were treated more favorably can strengthen the case, although this sort of evidence must be very strong to be persuasive.
Establishing a causal connection is one of the most challenging but crucial aspects of a wrongful termination case. A well-documented record of events, witness statements, and strategic timing analysis can help build a compelling argument that the adverse action was not only unfair but also illegal under California law.
Can You Prove Your Employer Had Discriminatory Intent?
Demonstrating discriminatory intent by the employer is essential in order to establish a strong claim for wrongful termination. The employee must show that the adverse action taken against them – usually termination of employment – was not based on legitimate business reasons but was instead driven by bias , discrimination or retaliation. This requires evidence that exposes the employer’s true motives, particularly by proving that the stated reasons for termination were false or pretextual.
Additionally, showing that employees outside the protected class received more favorable treatment under similar circumstances can further bolster the claim. Employers who provide inconsistent or shifting explanations for their actions may inadvertently reveal discriminatory or retaliatory motives, making such inconsistencies powerful evidence in building a case.
Evidence of Discriminatory Intent
Gathering and presenting evidence that reveals an employer’s discriminatory or retaliatory intent can be challenging, but it is essential to proving a wrongful termination claim. There are several ways to highlight this intent and expose an employer’s true motivations.
Pretext and Inconsistent Explanations: One of the most effective ways to demonstrate discriminatory intent is to show that the employer’s stated reasons for termination are inconsistent or not credible. If an employer initially claims that an employee was terminated for poor performance but later cites budgetary concerns or restructuring, these conflicting explanations can suggest that the real reason was discriminatory or retaliatory. Analyzing and documenting these shifting narratives is critical to undermining the employer’s defense.
Discriminatory Remarks and Hostile Conduct: Comments or behaviors by supervisors or decision-makers that indicate bias can also demonstrate discriminatory intent. Even seemingly offhand remarks about an employee’s age, race, gender, or disability can become relevant if they reflect the discriminatory mindset of those involved in the termination decision. Witnesses who overheard or observed discriminatory remarks or behaviors can be valuable in corroborating the employee’s claims.
Patterns of Retaliation: Employers who have a history or pattern of retaliating against employees who engage in protected activities, such as reporting harassment or requesting accommodations, may have a difficult time defending against a wrongful termination claim. Evidence that other employees experienced similar retaliation for engaging in legally protected activities can help establish a pattern of discriminatory intent within the company. Documenting how other employees were treated, especially if they were targeted after engaging in protected conduct, can support the employee’s case.
Discrepancies in Performance Evaluations: Another way to demonstrate pretext is to examine the employee’s performance history. If an employee consistently received positive performance reviews but suddenly received negative evaluations after engaging in protected activity or after a change in circumstances (such as disclosing a disability), this could suggest that the performance issues were fabricated or exaggerated to justify the termination. Comparing past reviews with recent ones and identifying discrepancies can be effective in proving discriminatory intent.
Favorable Treatment of Other Employees: Showing that similarly situated employees outside the protected class were treated more favorably can be persuasive evidence of bias. For example, if an employee is fired for minor infractions while others who engaged in similar or more serious conduct were not disciplined, it raises questions about the employer’s true motivations. Evidence such as employee records, disciplinary histories, or witness statements can help establish this disparity in treatment.
Building a Strong Case
Establishing discriminatory intent requires a strategic approach and careful documentation. Employees should gather as much evidence as possible, including:
- Written Communications: Emails, text messages, or memos that reveal bias or contradict the employer’s reasons for termination.
- Performance Reviews: A record of consistent positive performance that suddenly changes without explanation can be a red flag for discrimination.
- Witness Statements: Testimony from colleagues who observed discriminatory behavior or can speak to the disparate treatment of employees.
- Documentation of Protected Activity: Records showing that the employee engaged in protected conduct, such as filing a harassment complaint or requesting a reasonable accommodation, and that adverse actions followed soon after.
Building a compelling case involves exposing the employer’s motivations through a combination of direct and circumstantial evidence. By highlighting inconsistencies, disparate treatment, and discriminatory behaviors, employees can strengthen their claims and demonstrate that the adverse action was rooted in bias or retaliation rather than legitimate business reasons.
Do You Have Evidence to Support Your Claim?
To establish a strong wrongful termination claim, presenting compelling and credible evidence is essential. Evidence serves as the foundation for proving that an adverse action, such as termination, was unlawful and motivated by discrimination or retaliation rather than legitimate business reasons.
A well-documented case significantly increases the likelihood of a successful outcome because it provides concrete support for the employee’s claims. Understanding how to gather and preserve the right types of evidence can make a substantial difference in the strength of a wrongful termination claim.
Types of Evidence That Strengthen Your Case
Employees should be proactive in collecting and maintaining documentation related to their employment. This includes performance reviews, correspondence with supervisors, company policies, and other relevant records. The more organized and comprehensive the evidence, the more robust the case will be.
Employment Records and Documentation: Employees should keep detailed records of their employment, such as job performance reviews, employee handbooks, pay stubs, and any documents that outline the terms of their employment. Performance evaluations are especially important, as they can either support the employer’s claims or contradict them. If an employee consistently received positive feedback and was suddenly dismissed with no prior indication of issues, it can suggest that the termination was unjustified or pretextual.
Communications with Supervisors and HR: Emails, text messages, and written correspondence between the employee and their supervisors or human resources department can provide valuable insight into the reasons behind the termination. These communications may reveal discriminatory remarks, retaliation, or inconsistencies in the employer’s stated rationale for the adverse action. Retaining any messages that show the employee engaging in protected activity, such as reporting harassment or requesting accommodations, can further support the case.
Witness Testimonies: Witnesses who can corroborate the employee’s account of events can be a powerful asset in a wrongful termination claim. Colleagues who observed discriminatory behavior, retaliatory actions, or disparate treatment can strengthen the employee’s argument. Witnesses who are still employed by the company and willing to provide favorable testimony are particularly valuable. It is crucial to collect personal contact information, such as phone numbers and private email addresses, from these witnesses to ensure they can be reached if needed during the legal process.
Personal Notes and Journals: Employees should also consider maintaining a personal record or journal of events related to their termination. This can include notes about meetings with supervisors, discriminatory remarks made by colleagues, or specific instances where the employee engaged in protected activity. While these notes may not carry the same weight as formal documentation, they can help establish a timeline of events and provide context to the evidence presented.
Relevant Policies and Procedures: Understanding the employer’s policies and procedures, such as anti-discrimination policies, performance review processes, and disciplinary guidelines, can be beneficial. If the employer deviated from standard practices in handling the employee’s case, it could support the claim of wrongful termination. Employees should retain copies of the company’s policies and any communications related to how these policies were applied in their situation.
The Importance of Preserving Evidence
Employees intending to pursue a wrongful termination claim must preserve and maintain all relevant documents in their possession. This obligation includes safeguarding any communications or records that may support their claims. Even if the employer holds many critical documents, the employee’s own collection of evidence can be instrumental in building a strong case. In many instances, additional documents can be obtained through the discovery process once a lawsuit is filed.
Building a solid wrongful termination case requires thoughtful and strategic evidence collection. By meticulously documenting interactions, retaining relevant records, and securing reliable witness testimonies, employees can present a well-supported argument that challenges the legitimacy of their employer’s actions.Top of Form
CAUTION: It is important to note that taking company property without permission is illegal in California. Such actions are considered theft and can result in serious consequences, including termination of employment or even criminal charges and civil liability. Employees should always follow proper procedures and seek authorization before taking any company property, including electronic information or records, documents, equipment, supplies, confidential business information or trade secrets. Oftentimes, an employee that has a valid claim for workplace retaliation inadvertently can self-sabotage the claim by improperly taking employer records or documents prior to getting fired. Doing so will give the employer the “after acquired evidence” defense which provides that the employer learned of misconduct after your termination (improper removal of employer records or document) that if it had been known prior to termination, the employee would have been terminated for that reason independent of the stated reason for termination.
Successful application of the “after acquired evidence” defense can severely limit the amount of money you may be able to recover in the lawsuit. See McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995).
Have You Exhausted All Administrative Remedies?
To establish a strong wrongful termination case based on FEHA violations, employees must first exhaust their administrative remedies. This means that, before pursuing a lawsuit in court, the employee is required to file a complaint with the California Civil Rights Department (CRD) for claims involving discrimination, harassment, or retaliation and obtain a “Right to Sue” letter from the agency. The administrative complaint process is a crucial step in securing legal protections, and any missteps can jeopardize the ability to proceed with a lawsuit. Understanding this requirement and navigating it correctly is essential for building a viable case.
Filing a Complaint with the California Civil Rights Department (CRD)
Filing a complaint with the CRD involves outlining the specific discriminatory or retaliatory conduct experienced, including detailed facts and evidence supporting the claims. If requested, the CRD will investigate the allegations and may offer the opportunity for mediation or settlement discussions. This step not only ensures compliance with legal requirements but also provides a preliminary review of the claim, which can be informative for further legal action. However, many times it makes sense to request an immediate “Right to Sue” letter from the CRD so that your attorney can immediately initiate a lawsuit in court.
The Importance of Legal Assistance
The administrative process can be complex and requires careful attention to detail. Failing to provide sufficient information, missing critical deadlines, or submitting an incomplete complaint can hinder an employee’s chances of success. Legal assistance is often necessary to ensure that the complaint is filed accurately and that all relevant claims are properly asserted. An experienced employment attorney can help navigate the intricacies of the CRD process, ensuring that the employee’s rights are fully protected and that the case is well-positioned for potential litigation.
Exhausting administrative remedies is a mandatory and often intricate step in the wrongful termination claims process. By understanding the significance of this requirement and seeking the appropriate guidance, employees can strengthen their case and better prepare for any future legal proceedings.
Are You Acting in a Timely Manner?
To establish a strong wrongful termination case, acting promptly is essential. California law requires that a wrongful termination lawsuit be filed within two years from the date of the adverse employment action. Missing this deadline could result in losing the right to pursue legal action, regardless of the merits of the claim. Additionally, some related claims, such as those under the Fair Employment and Housing Act (FEHA), may require filing an administrative complaint with the California Civil Rights Department (CRD) within three years, and filing a lawsuit within one year of obtaining the “Right to Sue” letter from the CRD. Consulting with an employment attorney early ensures all deadlines are met and evidence is preserved, strengthening your case.
Conclusion
A strong wrongful termination case under California law depends on demonstrating that the termination was motivated by the employee’s protected status or conduct and that the employer’s reasons were pretextual. Evidence, witnesses, and adherence to administrative procedures and timelines are key components in building a solid case. Consulting with an experienced employment attorney can provide crucial guidance and help navigate the complexities of a wrongful termination claim.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
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 state and federal courts. 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.
