Wrongful Termination: What It Is and How to Handle It

Wrongful Termination: What It Is and How to Handle It

Wrongful termination occurs when an employer unlawfully fires an employee in violation of federal or state laws, employment agreements, or public policy. This type of termination is deemed illegal because it infringes on the rights of the employee, who may then be entitled to legal recourse against the employer.

Difference Between Wrongful Termination and At-Will Employment 

California follows the principle of at-will employment, which means that either the employer or the employee can terminate the employment relationship at any time, with or without cause, and with or without notice. However, this at-will doctrine has notable exceptions. Wrongful termination arises when an employee is fired for illegal reasons that violate anti-discrimination laws, employment contracts, or public policy.

Common Grounds for Wrongful Termination

Discrimination 

Discrimination-based termination occurs when an employee is fired due to their membership in a protected class. This includes:

• Race: Terminating an employee based on their race or color.
• Gender: Firing an employee because of their gender, gender identity, or sexual orientation.
• Age: Dismissing an employee over 40 years old due to age.
• Religion: Terminating someone due to their religious beliefs or practices.
• Disability: Firing an employee because of a physical or mental disability, particularly if reasonable accommodations could have been made.

Retaliation 

Retaliation occurs when an employer terminates an employee for engaging in legally protected activities. Examples include:

• Reporting Harassment or Discrimination: Firing an employee who has reported instances of workplace harassment or discrimination.
• Whistleblowing: Terminating an employee who has reported illegal activities or safety violations within the company.
• Participating in Investigations: Dismissing an employee who cooperates with investigations into company misconduct.

Violation of Public Policy 

Termination that violates public policy includes firing an employee for:

• Refusing to Engage in Illegal Activities: An employee cannot be legally terminated for refusing to participate in illegal actions on behalf of the employer.
• Exercising Legal Rights: Firing an employee for exercising their rights, such as taking family or medical leave, voting, or serving on a jury.

Breach of Contract 

A breach of contract occurs when an employer terminates an employee in violation of the terms set out in an employment agreement. This can include:

• Violating Specific Terms: Termination that breaches specific terms of the employment contract, such as required notice periods or the conditions under which termination can occur.
• Implied Contracts: Firing an employee in violation of implied contracts, such as verbal promises or company policies that suggest a certain level of job security.

Legal Protections Against Wrongful Termination

Federal Laws

Title VII of the Civil Rights Act 

Title VII of the Civil Rights Act of 1964 is a key federal law that prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees and covers all aspects of employment, including hiring, promotion, termination, and compensation. Wrongful termination claims can arise if an employee is fired due to discrimination on any of these protected grounds.

Americans with Disabilities Act (ADA) 

The ADA protects employees with disabilities from discrimination in the workplace. It requires employers to provide reasonable accommodations to employees with disabilities, as long as it does not cause undue hardship to the employer. Terminating an employee based on their disability or failing to provide reasonable accommodations can constitute wrongful termination under the ADA.

Age Discrimination in Employment Act (ADEA) 

The ADEA protects employees who are 40 years of age or older from age-based discrimination. It applies to employers with 20 or more employees. Firing an employee because of their age, or creating policies that disproportionately affect older workers, can be grounds for wrongful termination under the ADEA.

Family and Medical Leave Act (FMLA) 

The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, such as personal or family illness, childbirth, or adoption. Employers with 50 or more employees must comply with FMLA regulations. Wrongful termination claims can arise if an employee is fired for taking or requesting FMLA leave.

California-Specific Laws

California Fair Employment and Housing Act (FEHA) 

FEHA provides broader protections than federal laws, prohibiting discrimination, harassment, and retaliation based on a wide range of characteristics, including race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, disability, medical condition, age, and more. FEHA applies to employers with five or more employees. Termination based on any of these protected characteristics can lead to wrongful termination claims under FEHA.

California Labor Code Section 1102.5 (Whistleblower Protections) 

Section 1102.5 of the California Labor Code protects employees who report illegal activities or refuse to engage in activities that would violate the law. This whistleblower protection prohibits employers from retaliating against employees for such actions. Terminating an employee for whistleblowing activities can constitute wrongful termination under this statute.

California Family Rights Act (CFRA) 

The CFRA is California's counterpart to the FMLA and provides similar protections. It allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. The CFRA applies to employers with five or more employees. Wrongful termination claims can arise if an employee is fired for taking or requesting CFRA leave.

Identifying Signs of Wrongful Termination

Sudden Changes in Employment Status

Unexplained Demotion or Change in Job Duties 

One of the signs of potential wrongful termination is an unexplained demotion or a significant change in job duties. If you are suddenly reassigned to a lesser role or given tasks that are outside your usual responsibilities without a clear and valid reason, it could indicate that your employer is trying to push you out.

Negative Performance Reviews Without Prior Warning 

Receiving negative performance reviews without prior warning, especially if you have previously received positive evaluations, can be a red flag. Employers typically follow a process that includes feedback and opportunities for improvement before issuing negative reviews. Sudden, unjustified negative feedback may suggest a pretext for termination.

Hostile Work Environment

Increased Harassment or Discrimination Before Termination 

Experiencing increased harassment or discrimination leading up to your termination is another sign of potential wrongful termination. This can include offensive remarks, unfair treatment, or exclusion based on race, gender, age, religion, disability, or other protected characteristics. A hostile work environment often precedes wrongful termination, especially if the harassment or discrimination intensifies just before you are fired.

Retaliatory Behavior from Supervisors or Colleagues 

If you notice retaliatory behavior from supervisors or colleagues after engaging in protected activities—such as reporting harassment, discrimination, or illegal activities, or taking family or medical leave—it may indicate wrongful termination. Retaliation can manifest as increased scrutiny, unwarranted disciplinary actions, or other adverse changes in your employment conditions.

Inconsistencies in Company Policies

Termination That Violates Company’s Established Policies and Procedures 

Employers typically have established policies and procedures for handling employee terminations. If your termination deviates from these protocols, it might be wrongful. Examples include:

• Lack of Progressive Discipline: Many companies have a progressive discipline policy that involves issuing warnings and providing opportunities for improvement before termination. Skipping these steps can indicate wrongful termination.
• Ignoring Contractual Obligations: If you have an employment contract that outlines specific termination procedures or conditions, any violation of these terms can be grounds for a wrongful termination claim.
• Unequal Application of Policies: If the company applies its policies inconsistently, favoring certain employees over others, and you are terminated without a clear, justified reason, this could also indicate wrongful termination.

Steps to Take if You Believe You Have Been Wrongfully Terminated

Document Everything

Importance of Keeping Detailed Records of Incidents Leading Up to Termination 

If you suspect that you have been wrongfully terminated, it is crucial to document everything related to your employment and termination. Detailed records can provide essential evidence to support your claim. Keeping a thorough record of incidents helps establish a timeline and context for the termination, making it easier to demonstrate that your firing was unjust.

Collecting Evidence

Gather all relevant documents and communications that can support your claim of wrongful termination. Key types of evidence include:

• Emails and Text Messages: Save any emails, text messages, or other communications that are relevant to your case. This includes correspondence with supervisors, HR, and colleagues that may show discriminatory behavior, harassment, or retaliation.
• Performance Reviews: Collect copies of your performance reviews, particularly if they demonstrate a sudden and unexplained shift from positive to negative evaluations.
• Witness Statements: Identify any colleagues who witnessed incidents of harassment, discrimination, or other behaviors that led to your termination. Ask them to provide written statements detailing what they saw or heard.

File a Complaint with Relevant Agencies

Filing a Complaint with the Equal Employment Opportunity Commission (EEOC) 

The EEOC is responsible for enforcing federal laws that protect against employment discrimination. If you believe your termination violated federal law, you can file a complaint with the EEOC. The process involves:

• Submitting a Charge: File a charge of discrimination with the EEOC. This can be done online, by mail, or in person at an EEOC office.
• Investigation: The EEOC will investigate your complaint, which may include gathering evidence, interviewing witnesses, and requesting information from your employer.
• Mediation: The EEOC may offer mediation as a way to resolve the issue without going to court.
• Legal Action: If the EEOC finds that harassment or discrimination occurred, it may take legal action on your behalf or issue a “right to sue” letter, allowing you to file a lawsuit in federal court.

Filing a Complaint with the California Department of Fair Employment and Housing (DFEH) 

The DFEH enforces California's anti-discrimination laws. If your termination violated state law, you can file a complaint with the DFEH. The process includes:

• Submitting a Complaint: File a complaint with the DFEH online, by mail, or in person. Detail the circumstances of your termination and any supporting evidence.
• Investigation: The DFEH will investigate your complaint, which may involve collecting evidence, interviewing parties involved, and visiting the workplace.
• Conciliation: The DFEH may attempt to resolve the complaint through conciliation, a process where both parties negotiate a settlement.
• Legal Action: If conciliation fails, the DFEH may file a lawsuit on your behalf or issue a “right to sue” notice, allowing you to pursue legal action in state court.

Seeking Legal Assistance

Importance of Consulting with an Employment Attorney 

Consulting with an experienced employment attorney is crucial for navigating the complexities of wrongful termination cases. An attorney can provide:

• Legal Advice: Expert guidance on your rights and options under federal and state laws.
• Strategy Development: Help you develop a strategy for addressing the wrongful termination, whether through internal reporting, filing a formal complaint, or taking legal action.
• Documentation Assistance: Assist you in gathering and organizing evidence to support your case.

How an Attorney Can Help Evaluate Your Case and Guide You Through the Legal Process

An experienced employment attorney can offer invaluable support by:

• Evaluating Your Case: Assess the details of your situation to determine if you have a valid wrongful termination claim.
• Representing You: Advocate on your behalf in negotiations, mediation sessions, and court proceedings, ensuring your voice is heard and your rights are protected.
• Building a Strong Case: Help you gather and organize evidence, prepare for depositions, and build a compelling legal argument.
• Negotiating Settlements: Negotiate with your employer to reach a fair settlement, potentially avoiding the need for a lengthy court battle.

Masoom Law Firm P.C.

If you believe you have been wrongfully terminated or need guidance on how to handle a termination case, reach out to Masoom Law Firm P.C. for expert legal advice and assistance. Contact us today at 408-599-3191 or visit our website at Masoom Law Firm P.C. to schedule a consultation. Our dedicated attorneys are here to provide the support and advocacy you need to protect your rights and navigate the complexities of wrongful termination claims.

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