Wrongful Termination

Employees in the state of California are considered “at will” which means that either an employee or an employer can terminate a working relationship at any time with or without reason. There are, however, exceptions. An employee cannot be fired because of discrimination, breach of contract, or retaliation.

Discrimination

California, despite being an at will state, has some of the most protective laws for employees.  No employer can terminate an employee based on their: age, race, gender, gender identity, religion, political affiliation, sexual orientation, or disability.

Breach of Contract

If an employee has an employment contract that stipulates that they cannot be fired without just cause, then that employee may not be fired without just cause. In some cases, an employee may have an implied contract. If company policy states that an employee will be terminated after a certain number of write-ups, it becomes reasonable for an employee to expect some sort of disciplinary procedure before termination. Thus, it will be up to the court to decide if there was in fact an implied contract, and if the employee was indeed terminated in violation of it.

Retaliation

If an employee makes a complaint, whether it is about their work environment, unpaid wages, or a call to a government agency to report a violation, they cannot be fired in retaliation. If an employee is fired as a direct result of such a complaint made, then the termination is considered wrongful.