Being fired or laid off can be devastating, especially when you believe your termination may be unlawful. If you have been fired, you may be wondering whether or not you should file a wrongful termination lawsuit. Find out if you have a wrongful termination case in San Francisco, and learn about your legal pathways to justice.
Understanding At-Will Employment in California
In San Francisco and throughout California, employment is considered at will. As an at will employment state, California law provides that either the employer or the employee may terminate employment at any time, with or without cause. However, at will does not give employers unlimited authority to terminate employees for illegal reasons.
Termination is only considered wrongful termination if the decision to terminate employment violates state or federal law, including protections under California law, the California Labor Code, federal law, or California’s Fair Employment and Housing Act (sometimes referred to as California’s fair employment protections). Wrongful termination occurs when an employer terminates an employee based on unlawful discrimination, retaliation for engaging in legally protected activities, a violation of public policy, or other unlawful conduct.
Employment laws protect workers from being fired because of protected characteristics, such as race, national origin, gender identity, or sexual orientation, as well as from retaliatory termination after raising concerns, reporting discrimination, or reporting workplace safety violations and other safety violations. If your employer terminates you because you engaged in protected activities, participated in reporting discrimination or sexual harassment, or exercised rights under state and federal laws, you may have a wrongful termination claim.
It is important to note that not every unfair firing constitutes wrongful termination. Even in San Francisco wrongful termination matters, proving that you were wrongfully terminated requires showing that the employer’s decision was motivated by an unlawful reason — not simply poor management or personality conflicts. Because these cases often involve complex issues of employment law and statutory obligations, determining what constitutes wrongful termination can require careful legal analysis by an experienced San Francisco wrongful termination lawyer.
Identifying Whether Your Firing Constitutes Wrongful Termination
There are specific motives for termination that are illegal and may give rise to a wrongful termination claim under California law, federal law, and other state or federal laws. If your employer terminates employment for one of the following illegal reasons, you may have a valid wrongful termination case in San Francisco:
Discrimination
State and Federal laws make it illegal for employers to fire employees on the basis of their membership in a protected class. Specifically, it is illegal in California for an employer to terminated an employee because of their race, color, religion, sex/gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, request for family care leave, request for leave for employee’s own serious health condition, request for pregnancy disability leave, and age (over 40). Under local San Francisco wrongful termination ordinances, it is also unlawful to terminate an employee due to their height or weight.
Retaliation
Federal and state law prohibit employers from terminating employees in retaliation for engaging in specific protected behaviors. The law protects employees who report unlawful practices at work, including discrimination, harassment, wage practices, and more. If you make a complaint of discrimination, harassment, or other illegal conduct to your employer, resist discrimination, harassment, or other illegal conduct in the workplace, or participate as a witness in a complaint made by a co-worker, your employer may not fire you as a result. If your employer has fired you because you reported or resisted any form of unlawful activity at work, your employer has retaliated against you and committed wrongful termination.
Whistleblower Retaliation
Employees have the right to disclose information about their employers to government or law enforcement agencies, or to a person with authority within the company, if they reasonably believe the employer is violating state or federal law. Under California law, the law protects workers who report unlawful conduct, discrimination, sexual harassment, wage violations, or workplace safety violations. An employer cannot retaliate against or terminate employment because an employee engaged in these legally protected activities. If an employer terminates an employee for reporting misconduct, raising concerns, or refusing to participate in unlawful conduct, that may constitute retaliatory termination and give rise to a wrongful termination claim under state and federal laws. If you were wrongfully terminated after whistleblowing, you may have a valid wrongful termination case in San Francisco, and speaking with an experienced wrongful termination attorney can help you understand your legal rights and options.
Protected Job Absences
The law entitles employees to take job-protected leave for numerous reasons, including but not limited to disability or medical leave. An employer may not fire an employee for taking job-protected medical leave, or if your employer fails to provide job protection while you are on job-protected leave.
Constructive Discharge
Constructive discharge or constructive termination occurs when an employee leaves their job because their employer has made it impossible for them to perform their work duties, leaving them no option but to quit. Constructive discharge may occur if, for example, you use a wheelchair and you cannot reach your workplace in your wheelchair, or if harassment has created a hostile environment so that an employee can no longer perform their job duties.
Public Policy Exceptions to ‘At Will’ Employment
The Public Policy Exemption serves as a legal check on the otherwise broad authority of employers to fire workers at-will. The Public Policy Exemption prevents employers from firing employees for reasons that violate fundamental, commonly established public policies, such as refusing to perform illegal acts, filing worker’s compensation claims, performing legal duties (such as attending jury duty), or reporting public safety violations. To prove wrongful termination under a public policy exception, employees must typically prove the policy was well-established, and that it was the direct cause of the termination.
Building Proof: Evidence Collection, Timelines, and Witness Support
To support a wrongful termination case, it is helpful to have evidence showing that the termination was motivated by unlawful reasons—such as discrimination, retaliation for protected activities, a protected job absence, or constructive discharge. The specific evidence will vary depending on the circumstances, but it typically involves demonstrating a clear connection between the protected conduct and the adverse employment action. Relevant materials may include emails, messages, performance reviews, written complaints, a termination letter, or other employment-related documents. Creating a chronological timeline of events can also help clarify how protected activities and the employer’s decision to terminate employment relate to one another. In some cases, witness testimony may play an important role, particularly where written documentation is limited.
Turning Evidence Into a Persuasive Legal Strategy
If you believe you were wrongfully terminated, you may have grounds to pursue a wrongful termination claim under California law or federal law. In some circumstances, individuals who file a wrongful termination suit seek remedies such as reinstatement, lost wages, compensation for emotional distress, punitive damages, and attorney’s fees, depending on the facts and applicable state or federal laws. Because employment law can be complex, individuals choose to consult a wrongful termination attorney or employment attorney to better understand their legal rights and the legal process. An experienced wrongful termination attorney can evaluate whether the circumstances may support a valid wrongful termination case and determine whether related claims—such as a discrimination claim or retaliation claim—may also apply. Some San Francisco wrongful termination matters resolve through negotiation, while others proceed through litigation in California courts.
Call Today for a Consultation with a San Francisco Wrongful Termination lawyer
If you believe you may have been wrongfully terminated in San Francisco, reach out to Avloni Law today. Navruz Avloni is an experienced wrongful termination attorney dedicated to fighting against wrongful termination, who has successfully represented numerous clients in wrongful termination cases. Call today to schedule a consultation with Navruz Avloni.