Written By: Chris Dolan and Emile Davis
In California, employment is generally “at-will.” This means that the employer can fire an employee, or the employee can quit at any time, with or without cause, and with or without notice. However, there are many exceptions to the “at-will” rule, and understanding your rights can help you navigate interactions in what may become a wrongful termination situation.
Protected Activities and Classes
Despite California being an “at-will” employment state, there are many activities and classes that are protected and cannot be used as a basis for an employee’s termination. Employees cannot be terminated for reasons that violate public policy, such as:
- Discrimination based on race, color, national origin, sex, disability, age, religion, or sexual orientation or veteran status.
- Retaliation for reporting illegal activities or for participating in whistleblowing.
- Exercising rights under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).
- Refusing to perform illegal acts at the request of the employer.
There are many protected classes and activities, and these are just some of them. If you feel you are being discriminated, harassed, or retaliated against on the basis of something you think may be unlawful, you should follow the steps below and reach out to qualified employment attorneys like those at the Dolan Law Firm.
Document Everything
If you suspect that a termination is imminent, it is important to document everything. Make sure there are detailed records of any communications, including emails, memos, and texts, between you and your employer. If you have an conversation with HR, or a supervisor about the issues, follow it up with an email. It is important not to take internal company documents though. If an email exists, it can be found later, but forwarding company documents can be a good faith basis for termination. Make sure to document any instances of harassment, discrimination, or retaliation. Having a comprehensive written record can be incredibly helpful if you need to prove wrongful termination later on.
Steps to Take After Someone’s Employment is Terminated
- Seek Legal Counsel: If you believe you have been wrongfully terminated, consulting with an experienced attorney, such as those at the Dolan Law Firm, can help you understand your rights and options. They can assist in evaluating your case and determining the best course of action.
- Apply for Unemployment Benefits: You may be eligible for unemployment benefits through the California Employment Development Department (EDD). Filing a claim can provide you with temporary financial assistance while you search for new employment.
- File a Charge with the California Civil Rights Department (CRD): If your termination was due to discrimination or retaliation, you can file a charge with the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing). This agency investigates claims of workplace discrimination and can provide guidance on how to proceed with your case.
Navigating a wrongful termination can be challenging, but understanding your rights and taking the appropriate steps can help protect your interests and seek justice.
