What Are Some Wrongful Termination Examples?

Wrongful termination, also referred to as wrongful dismissal, refers to a case where an employer fires an employee for unlawful or illegal reasons. Even though California is an at-will employment state, the California Fair Employment and Housing Act (FEHA) has set regulations that protect employees against wrongful termination in California. So, what are some wrongful termination examples? What scenarios are classified as criminal termination cases? Read on to understand the different classifications of scenarios that can be termed wrongful termination.

1. Unlawful Discrimination

Under California’s employment law, an employer is prohibited from firing an employer based on discriminatory intent. All individuals who share the “protected class” characteristics are protected against discrimination from their employers. In California, the “protected class” includes the following:

• Age (40 years and above)
• Race, color, nationality, and origin
• Religion
• Disability
• HIV/AIDS Positive status
• Marital status
• Sex, gender identity & expression (sexual harassment is also against the law)
• Medical condition
• Veteran status
• Pregnancy status

Due to the employment laws in California, employers may not single out employees with the mentioned characteristics for termination. In addition, an employer should not create a work environment that disadvantages or excludes a protected class member. In some cases, the employer may create unfavorable conditions for the protected class members, leaving them with no choice but to quit or resign.

Besides the California Fair Employment and Housing Act (FEHA), other employment laws within the state prohibit discrimination against the protected class. For example, these laws prohibit the discrimination of victims of crime, employees’ immigration status, language, political inclination, and previous criminal convictions.

Suppose you have been asking yourself, “what is wrongful termination” and feel like you were fired based on discriminatory intent. In that case, you may pursue a lawsuit for wrongful termination.

 2. Retaliation for Taking Protected Time Off

When an employee has been fired for taking legal time off work, they may sue the employer for wrongful termination. Legally, the Protected Time Off includes the following types of leave:

• Maternity leave: federal laws allow new mothers and fathers to take time off work and bond with the new child. During the pregnancy, the mother has a right to pregnancy disability leave before giving birth.
• Child-bonding leaves: Employees working in a company with more than 20 may take 12 weeks of child-bonding leave. This leave must be taken within the first year of a child’s birth, foster care placement, or adoption.
• Lactation breaks: refer to a period within the workday for lactating mothers to express their breast milk. However, the breaks are on condition that they do not disrupt normal operations within the establishment.
• Sick leave: the law prohibits employers from firing employees for utilizing their sick leave accrued. During this time, the employer should permit the employee to seek diagnosis, care, and treatment for an existing medical condition.
• Time off to vote: if an employee does not have enough time outside of working hours to participate in the voting activity, then the employer should permit them time off for voting.
• Family and medical leave: An employer is also prohibited from firing an employee for inquiring about family or medical leave.

Suppose you believe you were wrongfully terminated for legally taking some protected term off. In that case, there may be a potential basis for retaliation claims.

 3. Unlawful Retaliation

As an employee, you have the right to complain or report an employer who violates the law or public policies in some way. The law prohibits the employer from firing or punishing you if you choose to do so. Hence, getting fired due to the following reason(s) may be termed as wrongful termination:

• Reporting unlawful activities within the establishment
• Complaining about unpaid wages, overtime pays, and unlawful working conditions
• Complaining about work, health, and safety issues
• Filing claims with the Department of Industrial Relations for unpaid wages
• Filing and reporting discrimination and harassment complaints
• Negotiating income
• Filing an employee compensation claim

 4. Wrongful Termination For Breach Of Contract

Employees not under the at-will category are bound to an agreement that specifies the conditions that may lead to contract termination.

Now that you have a better understanding of the question, “what is wrongful termination in California,” you should evaluate your case and determine the following line of action. Suppose you believe you are a victim of wrongful termination. In that case, you should consider using your employers and getting employment attorneys with CA to guide you through the journey. Contact Bear Law today if you believe you have been wrongfully terminated.