California operates on the basis of at-will employment. What this means is that either an employee or employer can terminate the employment relationship at any time.
However, there are some exceptions to this rule. Workers must not be fired for unlawful reasons, otherwise the termination is wrongful. Outlined below are some of the most common examples of wrongful termination.
Discrimination
Workers in California must not face adverse treatment based on their race, religion, age, disability or other protected characteristics. Treating an employee differently for these reasons is discrimination. This includes firing a worker on the basis of protected characteristics.
Fired for whistleblowing
Employees in California have certain rights, such as a right to be paid fairly and a right not to work in an unnecessarily unsafe environment. If a worker goes public with violations, such as reporting wage theft, unsafe or unlawful conditions, then they become a whistleblower. Whistleblowers are protected in law and they cannot be fired for raising legitimate grievances.
Fired for taking approved leave
The Family and Medical Leave Act (FMLA) entitles workers to leave in certain circumstances. For instance, workers are entitled to take leave if they are ill, pregnant or taking care of a sick family member. Those who are on legitimate leave under the FMLA should be entitled to return to work and they should not be fired as a result of taking leave.
If you feel like you have been wrongfully dismissed, it’s important to seek further legal information. This could help you to be reinstated to your job or receive financial compensation for your losses.