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Q.What is Wrongful Termination? (CA)
A.Not all employment terminations, even if unfair, are considered wrongful terminations under the California law. In California, wrongful termination is often difficult to prove because absent a written employment contract to the contrary, the employer-employee relationship in California is presumed to be "at will." An "at will" relationship basically means that the employer and employee can terminate the employment relationship at any time and for any reason (with or without cause) so long as it is not an illegal reason (e.g. discrimination or retaliation)
In California, an employee may bring a suit for "wrongful termination" if s/he can prove the termination:
- was in breach of a written contract (offer of employment, employment agreement or employee manual);
- was in breach of an oral promise;
- violates public policy (e.g. sexual harassment or discrimination); or
- violates a specific state or federal statute (e.g. labor law prohibiting "retailiatory discharge".
Retaliatory discharge laws seek to protect employees who are in an untenable situation or who report unlawful or unsafe working conditions. An employee may bring a legitimate lawsuit for wrongful dischage if the employee can prove the employer terminated the employee because the employee:
- filed or participated in a wage claim, discrimination claim, workers compensation claim, unemployment compensation proceeding, Cal/OSHA proceeding, or complaint with the Labor Commissioner;
- became subject to a single wage garnishment, child support order, or jury duty;
- exercised his or her right to vote, to take family medical leave, to review their personnel files, or to ERISA benefits; or
- reported an illegal or unsafe workplace activity or refused to perform dangerous work.
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