When employees are fired, it’s often due to legitimate reasons, such as poor performance or company downsizing. However, some terminations cross legal lines and can be classified as wrongful termination.
Wrongful termination occurs when an employee is fired for illegal reasons that are violations of federal or state laws. Understanding the different types of wrongful termination can help employees recognize when their rights have been infringed upon.
At Freeburg & Granieri, APC, we focus on ensuring that employees are protected from unjust dismissal practices. If you believe you've been wrongfully terminated, we’re here to provide legal advice and representation.
Wrongful termination is when an employer dismisses an employee in violation of legal rights or contractual obligations. This can include being fired for discriminatory reasons, retaliation for reporting illegal conduct, or dismissal that breaches an employment contract. Both federal and state laws protect workers from such unfair practices, ensuring that terminations are based on lawful grounds. Wrongful termination is illegal and not just unfair.
Below are key examples of wrongful termination to help you identify whether your dismissal may have been unlawful.
Discrimination is one of the most common forms of wrongful termination. California law, including the California Fair Employment and Housing Act (“FEHA”), prohibits firing an employee based on protected characteristics such as race, gender, age, religion, or disability.
For example, if an employee is dismissed shortly after disclosing a disability or due to their gender identity, this could be considered discriminatory and wrongful.
Termination due to race or ethnicity is a violation of both federal and state anti-discrimination laws. If an employer dismisses someone based on their race, it is considered wrongful and illegal. For instance, if an employee is terminated after experiencing or reporting racial slurs or if they are unfairly treated compared to colleagues of a different race, this could be grounds for a wrongful termination claim.
FEHA also protects workers over the age of 40 from discrimination. Wrongful termination based on age happens when an employee is dismissed due to being considered "too old" by their employer, even if they perform their job well. This includes being fired in favor of younger employees or being pressured to retire because of age.
Terminations related to gender discrimination include being dismissed due to gender, sexual orientation, or gender identity. This type of wrongful termination might occur if an employee is let go after disclosing their gender identity or being denied promotions and opportunities due to their gender. It also includes situations where women are dismissed after returning from maternity leave.
California law protects employees from being terminated because of their religious beliefs. Wrongful termination based on religion occurs when an employer dismisses an employee for practicing or expressing their faith. For example, being fired for requesting time off for religious holidays or wearing religious clothing would fall under wrongful termination based on religion.
Disability discrimination takes place when an employee is terminated due to a physical or mental impairment, violating protections under FEHA. Wrongful termination based on disability happens when an employer dismisses an individual instead of providing reasonable accommodations, such as modified work schedules or assistive equipment.
This can also include termination after disclosing a disability or when an employer assumes an employee’s disability will hinder job performance, despite evidence to the contrary. Employees are entitled to fair treatment regardless of their disabilities.
Employees who report or resist sexual harassment in the workplace are protected under federal and state laws. If an employer retaliates by firing an employee who complains about harassment, this is considered wrongful termination.
Sexual harassment can include inappropriate comments, unwanted advances, or creating a hostile work environment. Dismissing someone for filing a complaint, participating in an investigation, or standing up to harassing behavior is illegal and gives the employee the right to pursue a wrongful termination claim.
The California Family Rights Act (CFRA) provides employees with the right to take job-protected leave for specific family or medical reasons without fear of retaliation or termination.
If an employer terminates an employee for exercising their rights under CFRA, such as taking leave to care for a family member, bond with a new child, or address their own serious health condition, it constitutes wrongful termination.
Under CFRA, eligible employees are entitled to up to 12 weeks of unpaid leave per year. Employers who violate these protections may face legal consequences, including claims for compensation and reinstatement. If you believe your termination was linked to CFRA violations, consulting with an employment attorney can help you explore your legal options and seek justice.
Employees are protected by wage and hour laws, which ensure fair compensation, including overtime pay and adherence to minimum wage standards. Wrongful termination can occur when an employee is fired for raising concerns or reporting violations related to pay, such as being paid below minimum wage or unpaid overtime.
If an employer retaliates by dismissing an employee for filing wage-related complaints or for seeking rightful compensation, this constitutes a wrongful termination, and the employee may have legal grounds to pursue a claim.
Employers are not allowed to retaliate against employees for exercising their rights. This means firing an employee for reporting illegal activities (whistleblowing), participating in an investigation, or filing a harassment or discrimination complaint is considered retaliatory and unlawful.
For instance, if an employee reports safety violations at work and is subsequently fired, this may be classified as retaliatory wrongful termination.
Employees cannot be terminated for any reasons that violate public policy. This includes firing someone for refusing to participate in illegal activities, taking time off to vote, or serving jury duty.
Wrongful termination can also occur if an employer has breached the terms of an employment contract. If an agreement outlines specific conditions under which an employee can be terminated, and the employer violates those terms, the employee may have grounds for a wrongful termination claim. This applies to both written and implied contracts.
Although not technically a firing, constructive discharge is when an employee is forced to resign due to intolerable working conditions created by the employer. This could include harassment, unsafe conditions, or significant changes to job responsibilities that make it impossible for the employee to continue working and no reasonable person in the employee’s position could continue working.
When the environment is so hostile that an employee feels they have no choice but to quit, it can be considered wrongful termination.
Employees are entitled to certain legal rights in the workplace. This includes the right to file a workers' compensation claim after a workplace injury or to take time off for medical or family-related issues under FMLA. If an employee is fired for exercising these rights, the termination may be unlawful.
While many states, including California, follow the doctrine of at-will employment, which allows employers to terminate employees for any legal reason, this does not grant immunity to illegal actions. Even in at-will situations, firing an employee for reasons that violate anti-discrimination laws, public policy, or contractual agreements can still be considered wrongful termination.
To determine if your termination was wrongful, you’ll need to examine the circumstances surrounding your dismissal. Ask yourself the following:
Consulting an employment attorney can help clarify if you were terminated wrongfully and what legal options are available to you.
If you’ve been wrongfully terminated, you may be entitled to recover compensation for:
An experienced employment lawyer at Freeburg & Granieri can help assess your situation and determine the appropriate damages to pursue.
If you believe you've been wrongfully terminated, it’s crucial to take action. Document the circumstances of your termination, gather any evidence (emails, performance reviews, witness statements), and consult with an experienced employment law attorney.
At Freeburg & Granieri, APC, we are dedicated to defending employee rights and holding employers accountable for illegal dismissal practices. Our team will work with you to assess your case, gather evidence, and pursue appropriate legal remedies, whether that means reinstatement, compensation, or both.
Wrongful termination can happen in various ways, from discriminatory practices to retaliation for exercising legal rights. Understanding the examples outlined above can help you determine whether your termination was unlawful.
If you suspect wrongful termination, contact Freeburg & Granieri, APC today to discuss your case and explore your legal options. With a proven track record in employment law, we’re here to ensure that justice is served.
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