Wrongful Termination

Even in an at-will state, employers cannot fire employees for illegal reasons.

CALIFORNIA’S “AT-WILL” EMPLOYMENT

California is an “at-will” state that means in California your employer may terminate you at the will of the employer for any reason or no reason at all. (See California Labor Code § 2922.) In the typical “at-will” employment a termination does not have to make sense, or be fair, or be the best or most reasonable business decision. In fact, an “at-will” termination needs no reason or justification at all. “Good cause” for your termination is necessary only if you have a written contract expressly requiring “good cause” for your termination.

California is an “at-will” state that means in California your employer may terminate you at the will of the employer for any reason or no reason at all. (See California Labor Code § 2922.) In the typical “at-will” employment a termination does not have to make sense, or be fair, or be the best or most reasonable business decision. In fact, an “at-will” termination needs no reason or justification at all. “Good cause” for your termination is necessary only if you have a written contract expressly requiring “good cause” for your termination.

Have Questions About Wrongful Termination Or Your Employee Rights?

If you believe you were fired for an unlawful reason, our experienced employment attorneys can help you understand your rights and explore your legal options under California law.

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It is not necessary for the terminated employee to prove the reported or complained about activity of the employer actually violated a statute if the employee was perceived as a whistleblower by the employer who terminated him/her for that reason.(Diego v. Pilgrim United Church of Christ (1914) 231 Cal. App. 4th 913,923.

Some examples of violations of law, statutes, or the state and federal Constitutions that would result in a wrongful termination in violation of public policy include a termination:

Because of your “race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status” (Cal. Gov. Code § 12940(a));
Because the employee has opposed any practices forbidden under Cal. Gov. Code §12940 or because the employee has filed a complaint, testified, or assisted in any proceeding under Cal. Gov. Code §12940;
As a result of protesting unsafe working conditions. (Hentzel v. Singer Co. (138 Cal. App. 3d 290, 298; Boston v Penny Lane Ctrs., Inc. (2009) 170 Cal. App. 4th 936, 947);

As a result of protesting bribery and kickbacks. (Collier v. Sup. Ct. (MCA, Inc.) (1991) 228 Cal. App. 3d 1117, 1123-1124);
As a result of protesting public health and safety violations. (Diego v. Pilgrim United Church of Christ (1014) 231 Cal.App. 4th 913, 922-924);
As a result of protesting a failure to promptly pay wages due. (Gould v. Maryland Sound, Indus., Inc. (1995) 31 Cal. App. 4th 1137, 1147);
As a result of advocating for appropriate medical care. (Khajavi v. Feather River Anesthesia Med. Group (2000) 84 Cal. App. 4th 32, 51), or disclosing unsafe patient care and conditions (Shaw v. Sup. Ct.(THC-Orange County, Inc. (2017) 2 Cal. 5th 983, 1004);
As a result of political activity. (Ali v. L. A. Focus Publication (2003) 112 Cal. App. 4th 1477, 1487-1488).
Because of your refusal to participate in an activity that would result in a violation of state statute or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation (Cal. Labor Code § 1102.5(b)(c);
Because you “disclos[ed] information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.” (Cal. Lab. Code § 1102.5(a).)

WE HAVE HAD DECADES OF SUCCESS WITH THIS TYPE OF CASE

For decades we have successfully tried wrongful termination cases including the following trials:

Ruby v. Industrial Indemnity $475,000; Johnson v. Industrial Indemnity $1,020,000; Ferro v. Customer Company $500,000, Mullins v. Farmers $2,600,000. And we have settled many of these cases including: Doe v. Title Company $3,600,311; Doe v. Assisted Living Co. 617,586, Doe v. Paint Company 4,800,000, to name a few.