Here in the Golden State, employers cannot fire you for unlawful reasons or for reasons that contravene the fundamental public policy of the State of California. Workers have strong rights that are vigorously protected by the California court system. If you have recently been fired, you should contact an experienced California wrongful termination attorney, like the ones at Guardian Litigation Group. We can help you determine if you can sue for violations of your rights.
In general, to prove unlawful termination, an employee must sue and provide evidence of the following four legal elements:
- That the employee was employed
- That the employee was terminated — that is, the employee did not voluntarily leave employment
- That “a substantial motivating reason” for the termination of the employee violated California’s public policy and
- That the employee suffered harm because of the termination
If any of the following types of discrimination or retaliation were a “substantial motivating reason” for your termination, then your employer committed unlawful termination under the law.
You can sue if you have been fired because of:
- Your sex, gender, gender identification, sexual orientation and/or transgender status
- Race, ethnicity, citizenship status, genetic information and/or national origin
- Age
- Criminal conviction status
- Disability and/or medical condition
- Pregnancy status
- Military or veteran status
- Political beliefs
- Marital status
- Status as a victim of domestic violence, stalking, or assault
- And more
You can also sue if you have been fired for:
- Exercising your family responsibility rights and your medical leave rights
- For exercising your religious rights
- For refusing the sexual advances of superiors, co-workers or others in the workplace
- For refusing to engage in illegal or criminal activity
- For opposing sexual harassment or discrimination or health/safety violations in the workplace
- For participating in investigations of workplace harassment, discrimination and/or alleged violations of health and safety regulations
- For supporting various workers rights such as workplace OSHA regulations, health and safety rules, wage and labor rights and collective bargaining rights
- And more
As an example, suppose you are employed as a senior manager of a business and your Chief Executive Officer (“CEO”) asks you to arrange a price-fixing scheme with a competing business which makes the same product as your business. By setting a high price and agreeing not to charge less, both businesses will make significant profits. However, price-fixing is illegal and, consequently, you refuse to be involved. When you say “no,” your CEO immediately terminates your employment with the company. Under these circumstances, very likely, you can sue for wrongful termination and win. The timing and related facts strongly suggest that your refusal to engage in criminal activity was a “substantial motivating reason” for your termination.
If the lawsuit is successful and an employee proves wrongful termination under California law, the following types of money damages can be awarded by the jury:
- Lost wages, salary and benefits
- Future wages, salary and benefits
- Consequential damages
- Compensation for emotional distress, anxiety and mental anguish caused by the wrongful termination
- Attorneys’ fees
- Punitive damages (if the wrongful termination was egregious and willful)
Contact an Experienced Wrongful Termination Attorney
For more information, contact the wrongful termination attorneys at Guardian Litigation Group. We have the tools and experience you need. We can be reached via our contact page or by phone.
