Every employee in the United States has various legal protections at the federal level that intend to shield them from harassment, discrimination, and other mistreatment in their workplace. Every employer in the country must abide by applicable harassment and discrimination laws, and each state also enforces unique laws pertaining to the rights of employees and the responsibilities of employers. Employment law in California can sometimes be confusing for both employees and employers, especially regarding the legality of an employee’s firing.
The term “wrongful termination” is often misunderstood and applies specifically to any situation in which an employer illegally fires an employee. Some employees may lose their jobs unfairly and believe they have grounds to file wrongful termination cases, but this is often not the case. For an employee’s termination to legally qualify as “wrongful,” their employer must have fired them for an illegal reason.
At-Will Employment in California
Most employment in California and throughout the United States exists on an “at-will” basis. This means the working relationship between the employer and the employee continues “at the will” of both parties. The purpose of the at-will employment law is to prevent employees from being forced to continue working for their employers and to provide employers with the flexibility to hire and fire staff as they see fit.
Under an at-will employment agreement, the employer and the employee have the right to end the working relationship at any time. They are not required to give a specific reason, nor is advance notice a requirement. However, an employer must have a legal, nondiscriminatory reason for firing the employee. A termination is wrongful if the employer-based their decision to fire the employee on the employee’s race, religion, age, sex, or other legally protected personal quality.
Not all employees are subject to the at-will employment laws of California. For example, if an employee has a contract with their employer, both parties must abide by the full terms and conditions until the contract is terminated or the other party breaches it. If there is any question as to whether a firing was legal under the state’s at-will employment law, the fired employee should consult legal counsel.
Filing an EEOC Claim for Wrongful Termination
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal workplace harassment and discrimination laws. If an employee believes they have been wrongfully terminated, harassed, or discriminated against by their employer, they must file a claim to the EEOC to formally investigate the issue. If the EEOC determines the claim is valid, they will recommend the next steps to the claimant and may exact penalties on the employer.
When the EEOC investigates any harassment, discrimination, or wrongful termination claim, they may contact the employer directly. All US employers are legally required to comply with all EEOC investigations and requests for information. California also upholds various state-level employment laws, such as the California Family Rights Act (CFRA), which functions similarly to the Family and Medical Leave Act (FMLA) enforced at the federal level.
Employers may face extensive litigation in response to wrongful terminations, or it is possible for an employer found guilty of wrongful termination to seek a settlement with the plaintiff. In either situation, both parties need legal counsel they can trust. An employer found responsible for intentionally firing an employee for an illegal reason faces significant liabilities for the affected employee’s damages and an impaired reputation. The employee faces economic strain due to lost income and the costs of job searching. Ultimately, any wrongful termination claim could potentially involve more extensive damages than both parties initially expected.
Potential Damages in a Wrongful Termination Case
Wrongful termination can cause a host of damages to the affected employee. They may not only lose pay and benefits but also face extra expenses for job searches and managing any costs incurred due to the loss of their employer-provided benefits. Under California law, the employee would also have the right to seek compensation for intentional infliction of emotional distress. Settling a wrongful termination case may entail reinstatement of the wrongfully terminated employee’s position if the employee desires reinstatement.
Employers must be very careful when it comes to firing employees in California. Some employers must make difficult termination decisions due to overhead costs and other fiscal concerns; others restructure their organizations and cut various positions. An employer should provide an employee with a clear explanation of why they are being fired. The employee may not agree with the reasoning, but this does not make the termination wrongful or illegal.
How Can an Attorney Help in a Wrongful Termination Case?
Legal counsel you can trust is an invaluable asset, no matter what your impending employment case entails. If you are an employee who has been wrongfully terminated in California, you have the right to file a claim to the EEOC and seek compensation for your experience. If you are an employer accused of wrongfully terminating an employee, you may need outside counsel to assist you in your defense, even if you have an in-house legal department.
An experienced employment attorney can help their client navigate the EEOC claim process. For employees, this will entail completing all necessary claim forms and providing supporting documentation for the EEOC’s consideration. For employers, the EEOC will require the employer to submit necessary information, facilitate an inspection of work facilities, and answer various questions and requests for records. Interfering with or refusing to comply with any EEOC investigation can lead to severe penalties for the employer.
Fishman Larsen Callister is a team of experienced California employment attorneys, and our firm has successfully represented many past clients in complex wrongful termination cases. We know the challenges employees and employers can face in these situations and the difficult legal questions that often arise. If you believe you have grounds for a wrongful termination claim or if you are an employer accused of wrongfully terminating an employee, you need legal counsel you can trust. Contact Fishman Larsen Callister today and schedule your consultation about your wrongful termination case in California.