In 2024, talent firm Remote revealed that the success rate for wrongful termination is as little as 5% to 25%. The success rate of wrongful termination cases varies depending on the nature of the claim, the level of evidence the employee is capable of acquiring and presenting, and the court where the case is filed.
If you are unfamiliar with what can be considered unlawful termination in California, you may be at a disadvantage because you will fail to protect your rights after being terminated illegally. While the state follows at-will employment, which means that both the employee and the employer can decide to terminate the employment, it is illegal for an employer to fire someone due to his or her disability, gender, political affiliation, race, religion, or sex.
Here are some of the things you need to know about California termination laws so you can uphold your rights as an employee:
Types of Termination in California
In California, employment can be terminated for reasons such as misconduct, poor performance, violation of company policies, or even layoffs due to business reasons. Misconduct refers to serious violations like harassment, insubordination, or theft.
Poor performance termination occurs when an employee consistently fails to meet the employer’s standards despite warnings and opportunities for improvement.
Violation of company policies includes breaches such as unauthorized disclosure of confidential information or workplace violence. Layoffs happen when a company needs to reduce its workforce for financial reasons or restructuring.
It is necessary to be aware of the specific circumstances leading to your termination, as they can impact your rights as an employee. Understanding these different types of termination will help you deal with the challenges of California employment law and help you make informed decisions regarding your next steps.
At-Will Employment: Understanding the Basics
At-will employment gives both parties the freedom to end the employment relationship without providing a reason or notice. As an employee in California, recognize that at-will employment also grants you the right to leave your job at any time, for any reason, without facing legal repercussions.
However, you need to understand that certain exceptions exist, such as when there’s an employment contract in place that outlines specific termination procedures or when discrimination or retaliation is involved.
Legal Protections for Employees
In California, as an employee, you’re protected by laws that safeguard your rights and ensure fair treatment in the workplace. These protections include laws that prohibit discrimination based on factors such as race, gender, age, disability, and sexual orientation.
California law also protects employees against retaliation for whistleblowing activities or taking family or medical leave. Employees in the state have the right to a safe work environment free from harassment and hostile behavior. This includes protections against sexual harassment, bullying, and other forms of mistreatment.
Employers are required to take appropriate actions to address and prevent such behavior.
California labor laws empower you as an employee to assert your rights and seek recourse if you experience unfair treatment in the workplace.
Wrongful Termination Laws in California
Wrongful termination in California can occur for various reasons, including discrimination based on race, gender, religion, or age, as well as retaliation for whistleblowing or exercising your rights. If you believe you have been wrongfully terminated, you have the right to take legal action against your employer.
California law prohibits employers from firing employees for discriminatory reasons or in violation of public policy. This means that if you were terminated because of your protected characteristics or for reasons that go against public interest, such as reporting illegal activities in the workplace, you may have a strong case for wrongful termination.
It’s important to gather evidence to support your claim, such as performance evaluations, emails, witness statements, or any documentation related to your termination.
Steps to Take if You’re Terminated
Upon being terminated, promptly gather all relevant documentation and schedule a meeting with a legal advisor to understand your options. Having all your paperwork in order will help assess if the termination was lawful or if your rights were violated.
During the meeting, discuss the circumstances leading to your termination and provide any evidence supporting your claims. Your attorney can guide you on the best course of action, whether it involves negotiating a severance package, filing a wrongful termination claim, or pursuing other legal remedies available under California law.
After consulting with a legal advisor, consider filing for unemployment benefits to provide temporary financial support while you assess your next steps. Review your employee handbook or contract to understand any post-termination obligations or restrictions that may apply.
You also take note of important deadlines for filing legal claims or appeals if you believe your termination was unjust. Remember to remain professional and composed throughout this process to protect your reputation and future career prospects.
Conclusion
You must know your rights when it comes to termination in California. Understanding the types of termination, legal protections, and steps to take if you’re terminated is important to ensure you’re upholding your rights as an employee.
Don’t hesitate to hire a competent attorney who will help you hold your employer accountable for unjust termination.
