Unlawful Termination Versus Wrongful Termination in California: What’s the Difference? 2024

Posted on August 4, 2024 | By Omid Nosrati | Wrongful Termination

Losing a job is never easy, and if you believe your termination was handled improperly, you should know your rights. In California, the terms “unlawful termination” and “wrongful termination” are frequently used, but they represent distinct legal ideas. Understanding the distinction between unlawful termination versus wrongful termination in California can assist you in determining if you have a solid legal claim and how to pursue justice.

At-Will Employment in California

California is an at-will employment state. This means that, in general, an employee may be fired at any time for any reason—or no reason at all—as long as it does not breach specified legal safeguards. This adaptability enables employers to make personnel adjustments based on their business requirements. However, there are numerous significant exceptions to this norm in which termination may be deemed illegal or wrongful.

Unlawful Termination

Unlawful termination means firing an employee in violation of particular laws or legal rights. Here are some important cases of illegal termination under California law:

• Discrimination. California law gives strong rights against discrimination. Employers are prohibited by federal and state regulations from firing someone based on race, color, national origin, sex, pregnancy, religion, age, handicap, sexual orientation, gender identity, or a variety of other protected characteristics. California’s anti-discrimination rules are more comprehensive than federal regulations, encompassing more protected groups and applying to smaller firms (five or more employees).
• Retaliation. It is illegal to terminate an employee in retribution for exercising their legal rights. This includes submitting a workers’ compensation claim, taking part in an inquiry or litigation regarding discrimination or harassment, or asserting rights under wage and hour legislation. For example, if you complained about underpaid overtime and were then dismissed, this may be considered unlawful retaliation.
• Violation of public policy. Terminations that contradict core public policies are deemed unlawful. For example, an employee cannot be fired for refusing to engage in criminal behavior, such as fabricating documents or violating safety standards. Firing an employee for taking legally protected leaves, such as military or jury duty, is considered a breach of public policy.

Wrongful termination

Wrongful termination, while similar to unlawful termination, frequently relates to violations of specific employment agreements or implied obligations. It typically concerns situations in which an employer’s activity contradicts contractual or statutory requirements. Some examples of wrongful termination include:

• Breach of employment contracts. If you have a written, oral, or implicit contract that guarantees job stability or specifies the reasons for termination, firing you in breach of this contract may be considered unlawful. For example, if your job contract stipulates that you can only be terminated for cause and you were fired for no reason, this could be considered a violation of a contract. Employee handbooks or business rules that mention job security or termination procedures may result in implied contracts.
• Violation of implied contract. Even if no formal contract exists, implied contracts based on employer commitments or workplace standards might raise expectations of future employment. For example, if your company’s employee handbook states that employees will only be fired for specified reasons or after certain disciplinary measures, and you are terminated without following these procedures, it may be considered wrongful termination.

What to Do if You Believe You Have Been Wrongfully or Unlawfully Terminated

Being fired can leave you feeling lost, confused, and unsure of what to do next. However, there are things you can do to get the justice you deserve. If you feel your firing is illegal or unfair, taking the following steps can be important for your future:

• Document everything. Keep complete records of your employment, including any communications regarding your termination, performance reviews, and any applicable business policies or handbooks.
• File a complaint. If your claim involves discrimination or retaliation, you may need to submit a complaint to the relevant government agencies, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
• Consider negotiation. Before taking official legal action, you may be able to negotiate severance compensation or other agreements.
• Seek legal advice. Consult with a knowledgeable employment lawyer to assist you in assessing your position. A wrongful termination lawyer can advise you on whether your situation constitutes unlawful or wrongful termination and suggest the most appropriate course of action.

FAQs

What Constitutes Unlawful Termination in California?

In California, an employee is unlawfully terminated if they are fired in a way that breaks certain laws, like discrimination laws, revenge for exercising legal rights, public policy violations, or refusing to do something illegal. It includes firing someone because of their race, gender, age, disability, or other protected traits. It also includes firing someone for saying that working conditions are unsafe or for claiming their wage rights.

What Is the Burden of Proof for Wrongful Termination in California?

In California, the employee who was fired unfairly has the burden of proof. They have to show that being fired broke a contract, a law against discrimination, or public policy. This usually means showing proof, like written contracts, comments from their bosses, or records of discriminatory behavior, retaliation, or violations of their protected rights that led to their firing.

What Is an Example of Unfair Termination?

When an employee is fired for speaking about safety problems at work, this is an example of unfair termination. If an employee tells their boss or a regulatory body about unsafe conditions and is then fired, this is likely to be seen as retaliation and goes against the rights of whistleblowers.

What Is the Average Settlement for Wrongful Termination in California?

The average settlement for wrongful termination in California typically depends on the specifics of the case, including lost wages, emotional distress, and punitive damages. However, settlements can vary significantly based on factors like the strength of evidence, the employer’s actions, and the legal claims involved. Some cases can result in higher amounts if substantial damages are proven.

Contact Nosratilaw, A Professional Law Corporation

If you have been unlawfully or wrongfully terminated, an attorney at Nosratilaw, A Professional Law Corporation, can help. Contact us today to speak to a representative and ensure your job and benefits are fully protected. We’re here to help you every step of the way.