Wrongful termination occurs when an employee is fired in a way that violates their contract, company policy, or the law. California allows employers to fire employees without giving a reason, known as at-will employment. However, federal and state laws like the Civil Rights Act and the California Fair Employment and Housing Act (FEHA) protect workers from being fired based on discrimination or retaliation.
Recognizing examples and warning signs of wrongful termination can help you gather the documentation you need to file a complaint with the California Civil Rights Department (CRD).
Types of Wrongful Termination
There are several reasons you might be wrongfully terminated in California. Each case is protected by different laws and has its warning signs and red flags to watch for.
Discrimination-Related
Discrimination-related wrongful termination occurs when an employee is fired based on personal characteristics protected by law, such as race, gender, age, religion, disability, or sexual orientation. For example, if an employee is let go shortly after revealing a pregnancy or after requesting religious holidays off, this could constitute wrongful termination under anti-discrimination laws.
Warning signs of discrimination-based termination include:
- Sudden negative performance reviews after disclosing a protected characteristic
- Exclusion from meetings or projects after discussing or revealing aspects like age or disability
- Derogatory comments or jokes about your personal attributes
- Changes in job duties or hours that seem to target you after an identity-related disclosure
- Decreased access to training or professional development opportunities soon after revealing a protected status
- Unexplained isolation from team activities or communications after you make a complaint or disclosure related to discrimination
Employment Contract Violations
If an employee is unlawfully terminated in a way that breaches the terms outlined in their individual employment agreement, it’s against the law. This could be firing someone without the agreed notice period or dismissing an employee for reasons explicitly protected against the contract.
Here are some red flags to watch for:
- Discussions about termination that contradict the terms of your contract
- Being asked to perform duties that are substantially different from those agreed upon in your contract
- Notice of termination given without the contractually agreed period or process
- Pressure to resign or accept changes to your contract under duress
Retaliation for Protected Activities
Retaliation for protected activities involves an employer unjustly terminating or penalizing an employee for participating in legally protected actions. These activities include filing a complaint about workplace safety, reporting discrimination, participating in an investigation, or taking family and medical leave.
Warning signs of retaliation-based termination include:
- Receiving a demotion or pay cut shortly after making a complaint or participating in protected activities
- Experiencing increased scrutiny or sudden disciplinary actions that were not an issue before
- Receiving threats or coercive comments from supervisors or management following lawful activities
- Being isolated from colleagues or excluded from professional opportunities after engaging in protected actions
Termination Reason Inconsistencies
When the reasons for an employee’s termination keep changing, it may indicate wrongful termination. For example, if an employer initially cites poor performance as the reason for dismissal but later shifts to citing excessive absences. These inconsistencies can suggest that the stated reasons are pretexts for an unlawful firing and may violate fair employment practices.
Signs you may be wrongly terminated include:
- Receiving different explanations from different managers or HR representatives about why you are being terminated
- Official termination documents that list reasons not previously discussed
- Shifts in the reason for termination following your questions or requests for clarification
- Public or internal statements about your termination that contradict each other
Not Following Company Termination Policies
When an employer disregards their own established termination policies, it can signal wrongful termination. For instance, if a company policy requires a formal review process before termination, but an employee is dismissed without a review, it can signal unfair dismissal.
Look for the following red flags to identify this type of wrongful action:
- Being terminated without the performance reviews or warnings your company policy stipulates
- The company skipping steps outlined in its own termination or disciplinary policies
- Not receiving a formal termination meeting when company policy usually requires one
- Termination occurring in a manner that deviates from standard practice as documented in company policy
Wrongful Termination Checklist: Documenting Your Claim
When you suspect you’ve been wrongfully terminated, you must document your claim to prove wrongful termination occurred. A well-prepared dossier can strengthen your case and streamline the complaint process with the CRD. Here’s a checklist of essential pieces of evidence to gather:
| Evidence | Description |
| Employment Contract | Include any contracts or agreements outlining job duties, salary, and termination clauses. |
| Correspondence | Gather all emails, letters, and texts related to your employment and termination. |
| Performance Reviews | Collect all performance evaluations and any related documentation. |
| Company Policies | Obtain a copy of the company handbook and any policies relevant to termination procedures. |
| Witness Statements | Compile statements from coworkers or supervisors who can support your claims. |
| Pay Stubs and Benefits Information | Keep records of your pay, benefits, and any changes leading up to your termination. |
| Notes on Incidents | Document specific dates and details of any incidents related to your termination. |
What To Do After if You’re Wrongfully Fired
Experiencing wrongful termination can be overwhelming, but knowing how to respond can protect your rights and help you mediate reinstatement, file a complaint with authorities, or obtain compensation in a civil lawsuit.
Depending on your case, you may have between 1 and 3 years to take action, so move quickly. Here’s what to do immediately after being let go:
- Stay calm and professional. Maintain your composure and avoid any confrontations. Emotional reactions can be used against you in legal proceedings or negotiations.
- Document everything. Record details such as the date and time of your termination, who was present, and the exact reasons given by your employer. These notes can help establish inconsistencies or unlawful practices.
- Gather your employment documents. Collect all relevant documents like your employment contract, employee handbook, recent performance reviews, and communications related to your job performance or termination.
- Seek legal advice. Contact an employment lawyer to understand your rights and explore legal options. A lawyer can offer guidance based on the specifics of your case and the applicable laws and represent your interests during a CRD investigation or legal action.
- File a claim. File a complaint with the CRR online or by mail. If they decide to investigate, cooperate with the process and provide additional information as needed. You can also ask for a Right to Sue notice, allowing you to file a civil lawsuit against your employer with the help of your attorney.
- Apply for unemployment benefits. Even if you’re contesting your termination, you may still be eligible for unemployment benefits. Ask your attorney for guidance and apply with the Employment Development Department of California.
Know Your Rights Regarding Wrongful Termination in California
Understanding your rights is crucial if you face wrongful termination in California. Familiarize yourself with state-specific laws and federal protections that may apply to your situation and start gathering documentation before the dismal occurs.
If you believe you’ve been unfairly let go, consult a skilled employment lawyer to explore your options for recourse. Acting promptly and knowledgeably can uphold your rights and help you pursue compensation or reinstatement to which you may be entitled.
