Everything You Need to Know About Wrongful Termination

Posted on Wednesday January 08, 2025

Losing a job is one of the toughest situations anyone can find themselves in, and it becomes worse if you feel you lost your job on unjust grounds. Wrongful termination generally means the unlawful firing of an employee by the employer in breach of workplace laws, employment contracts, or public policy protections. Among all states, employees in California enjoy some of the best legal protections, and knowing your rights makes all the difference. Here at Mara Law Firm, PC, we are passionate about assisting San Diego employees with navigating the legal system when it comes to fighting unfair workplace treatment. 

What Is Wrongful Termination?

Wrongful termination is the firing of an employee in violation of the employee’s legal or contractual rights. While the state is an at-will employment state, which gives an employer the right to fire employees for any or no reason, firings that violate anti-discrimination laws, workplace rights, or public policies are considered wrongful. Federal statutes and laws, such as the California Fair Employment and Housing Act, protect workers against unjust firings.

Examples of Wrongful Dismissal

Breach of Contract

An employer cannot terminate your employment if it violates the terms of an employment contract. Whether you have a written or implied contract, the termination that disregards the agreed-upon job securities or conditions of termination may constitute a breach of contract in violation of California labor law and agreements in the workplace.

Harassment

Harassment at work that results in termination is a severe infringement of employees’ rights. If you were fired after reporting or enduring harassment related to race, gender, age, or other protected characteristics, you may have a claim for wrongful termination.

Discrimination

Under State and federal law, discharging based on discrimination is legal discrimination. The state’s legal principle forbids terminations based on race, religion, disability, gender identity, and sexual orientation, among others.

Constructive Dismissal

If an employer intentionally creates unbearable conditions where it becomes impossible to work, forcing the employee to resign, then under constructive dismissal. Under common law principles, the courts usually award constructive resignation as wrongful termination in reaction to discrimination or harassment and are usually included.

Retaliation

Employees cannot be fired for asserting their legal rights. Examples include reporting unsafe working conditions, wage theft, or harassment. An employer who discharges an employee in retaliation violates the laws of labor.

Violation of Public Policy

Termination of an employee because of refusal to violate the law or to perform civic obligations, such as jury service, is also contrary to public policy. Workers’ rights to vote and to other civic obligations also must be protected by employers.

Committing Illegal Acts

You have the right to decline to engage in any unlawful activity without facing the risk of termination. If you were fired due to resisting an employer’s wishes to engage in unethical or unlawful activity, you may have one of the strongest claims for wrongful termination.

Whistleblowing

Federal and state whistleblower laws protect employees from retaliation for reporting misconduct that leads to a public benefit. It includes reporting fraud, safety violations, and illegal activities.

What To Do If You Experience Wrongful Discharge

Essential Steps After Losing Your Job Wrongfully

Know Your Rights

Labor laws in California are among the most progressive in the nation. Laws such as FEHA and the federal Civil Rights Act protect individuals from wrongful termination based on discrimination or retaliation.

Clarify the Termination Reason

You have a right to request a written explanation of your termination from your employer. Understanding the stated reason will help you identify potential legal violations or inconsistencies.

Review Your Employment Contract

Examine your employment agreement carefully to identify protections or clauses related to termination. These could include specific procedures or conditions that your employer violated.

Consult Human Resources

Engage with your HR department to document your concerns and responses. A written record of your efforts to resolve the issue can be crucial evidence in a wrongful termination case.

Gathering Evidence

Strong documentation will be the foundation of your evidence for your wrongful termination case. Documents include, but are not limited to, emails, performance reviews, letters of termination, and notes regarding incidents related to discrimination or retaliation. Statements from coworkers who also witnessed unfair treatment can add weight to your claim. As noted by the National Employment Law Project, keeping detailed records helps establish patterns of misconduct and ultimately strengthens your case.

Legal Support for Unjustified Termination Cases

An employment lawyer is the best partner that protects your interest and helps in getting your compensation.

Speak With a San Diego Employment Lawyer Today

Contact Mara Law Firm, PC, today. You can reach us at 619-234-2833 or stop by our offices located at 2650 Camino Del Rio North, Suite #302, San Diego, 92108, to set up a consultation. Our lawyers are experienced in helping you seek justice and holding your employer accountable.