California is an at-will state. This means an employee can generally be fired for any reason, as long as it is not an illegal reason. There are many exceptions. Company handbooks and policies may explain an employee who was fired or demoted in a manner inconsistent with those policies. If a company makes oral promises that an employee will have continued employment, the employer may be required to show good cause of any termination. Most importantly, public policy and California’s Fair Housing and Employment Act (FEHA) prevents employers from terminating employees for illegal reasons, e.g., based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. An employee may not be terminated for illegal retaliatory reasons, e.g., reporting illegal conduct, as shown in certain examples below. Therefore, if a termination violated a California statute or a public policy found in California’s Constitution, the termination may be considered wrongful. Federal laws may also be applicable.

• Terminating an employee based on a protected category
• Terminating an employee for complaining about discrimination
• Terminating an employee for complaining about wage/hour violations
• Terminating an employee for refusing to do something illegal
• Terminating an employee for reporting illegal conduct by the employer or other employees

There are a variety of remedies for victims of wrongful termination, which include but are not limited to:

• Back pay (lost wages)
• Front Pay (money for lost future earnings)
• Out-of-pocket expenses
• Injunctive relief
• Emotional distress damages
• Punitive damages
• Attorneys’ fees and costs

If you think that you have been discriminated against, harassed, or were wrongfully terminated, contact the Wagner Legal Group for a free consultation or call (310) 857-5293.