What Qualifies as Wrongful Termination in California?
Wrongful termination in California happens when an employee is fired for an illegal reason, such as discrimination, retaliation, or breach of contract.
If you are wrongfully terminated, you may be able to sue your employer and recover damages. Additionally, your employer may have to pay extra penalties and legal costs in some cases.
What Is Wrongful Termination in California?
While wrongful termination essentially means that your employment ended in an illegal manner or for an illegal cause, a claim can be broken into key parts. The elements of a California wrongful termination claim include the following:
- There was an employer-employee relationship;
- The employer terminated the plaintiff’s employment;
- The termination was substantially motivated by a violation of public policy or law; and
- The discharge caused the plaintiff harm
These elements were detailed in the Yau v. Allen (2014) 299 Cal.App.4th 144, 154, so it is considered “case law.” Instead of being established in California statutes, case law is embodied in prior court decisions that are followed in future cases.
How to Establish an Employer-Employee Relationship
You might think that it is obvious that you were an employee. However, there are situations where this element of a wrongful termination claim can be complex, especially if the employer says otherwise.
Many employers hire people and call them 1099 employees, freelancers, or contract workers. They avoid calling them employees to deny an employer-employee relationship for many reasons. The employer may be trying to avoid paying unemployment, taxes, benefits or being held accountable for wrongful termination claims.
1. AB 5 and the ABC Test to Determine If You’re an Employee
In September 2019, Governor Gavin Newsom signed Assembly Bill (AB) 5, which addressed “employment status” of workers. It created an “ABC test” to determine if California workers are employees or independent contractors for the purpose of the California Labor Code.
Under the ABC test, you are considered an employee unless:
- You are free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and;
- You are free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and;
- You customarily engage in an independently established trade, occupation, or business of the same nature as the work being performed.
According to the State of California Department of Industrial Relations, you are an employee unless you meet every one of the ABC test elements. If you are an employee, then you may be able to sue your employer if they violated your rights by wrongfully terminating your employment.
Was Your Employment Wrongfully Terminated in California?
The next element is that the employer must have terminated your employment. That means that you did not quit or fail to return to work of your own accord.
It’s helpful to have written confirmation that you were fired, including an email, text message, or letter. However, this type of evidence is often difficult to obtain.
If you are able to confirm that you can no longer return to work, this can help your employment lawyer prove you were terminated. You might be able to obtain this type of evidence by emailing your former employer’s human resources department and asking for a date of termination letter.
Do not tell them that you are obtaining information for a wrongful termination claim. You should also avoid discussing your case with former coworkers or on social media.
Proving Your Termination was Substantially Motivated by a Violation of Public Policy or Law
When you file a lawsuit against your employer for wrongful termination, you have the burden of proving each element. You must be able to show that your employer fired you for an illegal reason violating public policy or a law.
There are many state and federal laws that protect workers’ jobs in California. If your employer violated any of those laws and fired you wrongfully, then you can get damages from them through a wrongful termination lawsuit.
Good Examples of Wrongful Termination
General Examples:
- Breach of Contract
- Discrimination
- Racial Discrimination
- Age Discrimination
- Sex or Gender Discrimination
- National Origin Discrimination
- Sexual Orientation Discrimination
- LGBTQ Discrimination
- Pregnancy Discrimination
- Disability Discrimination
- Retaliation
- Whistleblower Retaliation
- Retaliation for Complaints about Sexual Harassment
- Retaliation for Taking Family or Medical Leave
Specific Examples:
- Employment discrimination (including race/color, pregnancy, sex/gender, sexual orientation, religion, national origin, age, marital status, or veteran status)
- Retaliation for filing a sexual harassment claim
- Retaliation for reporting the employer for violations of California’s Fair Employment & Housing Act (FEHA)
- Whistleblower activities or whistleblower retaliation
- Implied contract violations or breach of employment contract by the employer
- Public policy violations by the employer
- Retaliation for filing a workers’ compensation claim
- Workplace Retaliation for reporting an unsafe work environment or OSHA violation
- WARN Act violations by the employer (involving mass layoffs)
- Retaliation for making wage and hour complaints
- Failure to provide legal employee leave, time off, or other benefits required by the Family Medical Leave Act (FMLA) and other California law and federal law
You need evidence that your employer violated your rights by terminating you for one of these reasons or another illegal purpose. As proof, you might have written documentation, eyewitness statements, or a history of behavior by your employer. Your wrongful termination lawyer can help you conduct an investigation to find evidence that will support your case.
Shifting the Burden of Proof to Your Employer
Once you provide evidence that you were terminated for a wrongful reason, the burden of proof transfers to the employer to prove that the alleged reason for terminating you is false. Your employer will likely claim that they had a valid reason to fire you.
For example, your employer may claim you were habitually late to work, and they fired you for that reason, not for an illegal reason. Then, the burden transfers back to you and you must show that you were actually a punctual employee.
This back-and-forth transfer of the burden of proof can become overwhelming without the help of a knowledgeable employment lawyer who understands how to use the evidence to fight back.
How Much Can You Get for Your Wrongful Discharge Claim?
The fourth element of a wrongful discharge claim is that you must prove that you have damages associated with your termination. Damages begin with monetary loss and can be expanded in some circumstances.
The most common loss that people have is lost wages. Since your employment was terminated, you are no longer being paid a salary or hourly income. You can recover 100% of the money you lose due to being fired. You can also get money for unearned benefits, emotional distress, loss of professional reputation, and other damages.
In some cases, your former employer may be ordered to pay a penalty for their egregious actions and legal fees to your attorney.
Helping You Achieve a Positive Outcome for Your Case
If you read everything and you think you qualify, and are still asking “Do I have a wrongful termination case?”, please do not hesitate to call an attorney immediately.
A California employment attorney can help you achieve your goals if you have been the victim of illegal actions by your employer. You may want to put the entire situation behind you and move on as quickly as possible. However, in today’s job market that can be difficult. Sometimes it’s best to file a wrongful termination lawsuit to get what you deserve.
Call attorney Sam Setyan at (213)-618-3655 to schedule a free initial consultation.
