State and Federal law prohibit employers from firing employees in a variety of circumstances, even if they are “at-will” employees. Wrongful termination, also known as wrongful discharge, occurs when an employer fires an employee for illegal reasons or in violation of an employment contract or public policy. This situation goes beyond unfair dismissal; it refers to terminations that contravene the law. Call Helmer Friedman LLP’s Wrongful Termination Lawyers in Los Angeles if you believe that you have been wrongfully discharged.

(if you have information about corporate wrongdoing, you may also be entitled to a substantial financial award from the U.S. Government)

Being fired for any of the following reasons qualifies as Wrongful Termination:

• Acting as a “whistleblower” with regard to corporate wrongdoing
• Refusing to engage in illegal or unethical activities
• Complaining about wage and overtime practices
• Objecting to discrimination or harassment
• Due to race, gender, age, religion, disability, or other protected characteristics

Key Federal Laws Protecting Employees

A framework of federal laws establishes a bulwark against illegal employment practices. These statutes are the foundation of employee protection and are vigorously enforced.

• The Civil Rights Act of 1964 (Title VII): This landmark legislation prohibits employment discrimination based on race, color, religion, sex, and national origin. It was later amended to include protections against pregnancy discrimination. A manager who fires a highly qualified female employee shortly after she announces her pregnancy, replacing her with a less experienced male colleague, could be acting in violation of Title VII.

• The Americans with Disabilities Act (ADA): The ADA makes it illegal to discriminate against a qualified individual with a disability. It also requires employers to provide reasonable accommodations for employees with disabilities, unless doing so would cause “undue hardship.” Firing an employee who requested a modified work schedule to attend medical appointments for a covered disability could be a clear violation of the ADA.

• The Age Discrimination in Employment Act of 1967 (ADEA): The ADEA protects employees and job applicants aged 40 and older from age-based discrimination in hiring, promotions, compensation, and other terms of employment, including wrongful termination. Under this act, it is unlawful for an employer to terminate an employee due to their age or to favor younger workers for roles solely based on age-related stereotypes. For example, if an employer dismisses a highly qualified worker over 40 and provides no legitimate, non-discriminatory reason for the termination, this could constitute a violation of the ADEA.

• The Family and Medical Leave Act (FMLA): This act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. An employer cannot terminate an employee for taking FMLA-protected leave. For instance, an employee who takes approved leave to care for a seriously ill parent and is terminated upon their return may have a strong case for wrongful termination.

California Laws Protecting Employees from Wrongful Termination

California offers some of the strongest legal protections in the nation for employees who may face wrongful termination. The state’s laws provide robust safeguards to ensure employees are treated fairly and in accordance with their rights under the law.

• California Fair Employment and Housing Act (FEHA): FEHA prohibits employers from discriminating against employees or terminating them based on protected characteristics, such as race, sex, sexual orientation, gender identity, religion, national origin, age (40 and over), disability, marital status, or military/veteran status. For example, an employee who is fired due to their gender identity can file a wrongful termination claim under FEHA.

• California Labor Code § 1102.5 (Whistleblower Protection): This law shields employees who report unlawful activities by their employer or refuse to engage in illegal conduct. Retaliation, including termination, against whistleblowers is explicitly prohibited. For instance, an employee who discloses financial fraud occurring within their company and is subsequently terminated may have grounds for legal recourse under this statute.

• Pregnancy Disability Leave Law (PDLL): California requires employers to provide up to four months of job-protected leave for an employee disabled by pregnancy, childbirth, or related medical conditions. Terminating an employee for requesting or taking pregnancy disability leave is unlawful.

• Labor Code § 98.6 (Retaliation Protections): Employees are protected from retaliation, including termination, for exercising their workplace rights. This includes filing wage claims, reporting unsafe working conditions, or participating in workplace investigations. An example case is an employee who is terminated after reporting workplace harassment to HR.

• Implied Contracts and Public Policy Violations: Under California law, employers may also be held liable if they breach an implied contract that guarantees continued employment or terminate an employee in a way that violates public policy. For instance, firing an employee for refusing to engage in illegal practices, such as fraud, can violate public policy and constitute wrongful termination.

These employee-centered laws demonstrate California’s commitment to upholding worker rights through several avenues for legal recourse. However, navigating these protections can be complex, and employees who suspect wrongful termination are strongly encouraged to seek experienced legal representation to fully understand and pursue their claim.

A Case of Unlawful Retaliation

Consider the story of a project manager at a financial services firm who discovered and reported evidence of fraudulent billing practices to senior management. He believed he was doing his duty to the company and its clients. Weeks later, he was called into a meeting and terminated, with his supervisor citing vague “performance issues” that had never been documented before. He was replaced almost immediately. Suspecting the real reason for his dismissal was his whistleblowing, he sought legal counsel. An investigation uncovered emails between executives discussing the need to “manage the situation” after his report, providing powerful evidence of retaliation. The case resulted in a significant settlement, holding the company accountable for its illegal actions.

What to Do If You Believe You Are About To Be Or Were Wrongfully Terminated

If you suspect your termination was illegal (or that you will be fired for an illegal reason), taking swift, deliberate action is critical.

1. Document Everything: Gather all relevant documents, including your employment contract, performance reviews, termination letter, and any emails or communications related to your dismissal. Write down a detailed timeline of events leading up to your termination, including dates, times, and who was involved.

2. Do Not Use Artificial Intelligence (AI) To Conduct Research About Your Situation. The reason for this recommendation is because your AI conversations are not protected from discovery by the other side. Unlike your communications with attorneys, which are protected by the attorney – client privilege, any conversations that you have with AI platforms are completely discoverable by the opposing party. Your AI conversations could severely damage your case because they might reveal: inconsistent statements about what happened at work, admissions that contradict your claims, exaggerations about the facts in your case, or exaggerations about your damages or injuries. In fact, you might misremember something that you tell the AI Platform and then the other side can use your conversation with the AI Platform to argue that you are lying at trial because your trial testimony contradicts the information you provided to the AI Platform.

3. Do Not Sign Anything Immediately: Employers may offer a severance package in exchange for your signing a release of claims. Do not sign this document without first understanding your rights. You may be waiving your ability to file a wrongful termination lawsuit.

4. Contact Helmer Friedman LLP: If you believe you have been illegally fired, contact the Wrongful Termination Lawyers at Helmer Friedman LLP for a FREE confidential consultation.