California Laws on Retaliation for Wrongful Termination
California is an at-will jurisdiction, which means that either employees or their employers may terminate employment without cause. However, employees cannot terminate their employees for illegal reasons that violate federal or state employment laws. Employers in at-will states who are parties to employment or collective bargaining agreements must terminate employment according to their agreements. Employees can sue their employers for wrongful termination if terminated for illegal reasons.
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Wrongful Termination Overview
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To sue employers for wrongful termination in at-will states, employees must prove the existence of a statutory basis prohibiting their termination, a public policy reason against termination or the existence of an employment contract. Absent illegal conduct, public policy considerations or oral or written employment contracts, proving wrongful termination is very difficult.
Public Policy Reasons
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Employers who terminate their employees in any jurisdiction, even in at-will jurisdictions, can be liable for wrongful termination. As an exception to the at-will employment concept, employers cannot terminate their employees for reasons that violate existing public policies. Wrongful public policy reasons include terminating employees who refuse to commit illegal conduct during employment. For instance, employees who refuse to dump hazardous materials in watersheds can claim they were wrongfully terminated for refusing to participate in the commission of a felony or misdemeanor.
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Illegal Conduct
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Employers cannot violate federal or state laws when terminating their employees. Common examples of protected federal rights include the equal employment opportunity laws prohibiting discriminatory treatment by employers and their employees, federal whistle-blowing laws providing employees with immunity from termination for reporting their employers' illegal activities and wage and hour grievance laws that allow employees to file wage claims against their employers. Employers cannot terminate their employees based on illegal firing practices. Termination policies based on age, race, gender, origin or disability are discriminatory. Employers who terminate their employees for exercising their legal rights are retaliating against them, and both federal and California laws provide burden-shifting mechanisms that protect employees. For instance, employees who file anti-discrimination lawsuits against their employers typically meet their burden of proving wrongful termination if their terminations occurred after exercising their rights. Employers then have the burden of proving their reasons for termination were not based on retaliating against them.
Employees' Rights
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Under California law, employees who can prove they were wrongfully terminated can sue for damages, reinstitution, back wages and severance pay. Furthermore, the California labor commissioner specifically gives employees the right to provide information to any California or federal government agency. California law further protects employees against termination during absences from work related to serving on jury duty or testifying as a witness in court, victims of domestic violence or sexual assault, employees with a family member victimized by a criminal act, volunteer firefighters or emergency rescue professionals and military service members.
Considerations
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Since employment laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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