It was supposed to be another day in the office, when suddenly you get called into your supervisor’s office. Your supervisor tells you today is your last day. You leave the office and can’t believe that you were just fired. Your mind starts spinning, your thoughts racing, and your body begins to feel cold. This is one of the worst feelings you have experienced.
As your world feels like it is crashing down on you, your feelings that your firing was wrong boils your blood. You start to wonder if there is anything you can do to make this right. They did not give you a reason, there were no warning signs, and nothing you can think of could have led to your firing.
While most terminations feel wrong, not all terminations are wrongful (i.e., illegal). In California, most employee/employer relationships are at-will, which means that most jobs are not guaranteed. Employers may terminate the relationship at any time with or without cause. So, is there ever a circumstance a termination is “wrongful?”
Wrongful Termination:
Wrongful termination occurs when an employer fires or lays off an employee in violation of, including but not limited to:
**Note: this list is not inclusive of all grounds for wrongful termination, but these are amongst the most common.
Whistleblower protections:
California Labor Code Section 1102.5 prohibits retaliation by an employer against an employee who discloses/reports suspected violations of the law by an employer to:
Public Policies:
Any termination in violation of any legislatively protected activity or class. For example, reporting wage and hour issues, refusing to engage in unlawful activity on behalf of your employer, or taking medical leave.
California Fair Employment and Housing Act:
California’s Fair Employment and Housing Act prohibits workplace discrimination, harassment, and retaliation in violation of a protected activity or class.
Let’s Examine:
Fred is a 50-year-old, married male, and father of two teenagers. Fred provides for his family and also cares for his elderly parents. Fred has always prided himself on his strong work ethic, dedication, and loyalty to his employer, R.U. Guilty. Yesterday, he was called into his supervisor’s office and he was terminated after 25 years. He was shocked and stunned; they did not give him an explanation nor did he recall any warning signs. Fred doesn’t know how to tell his wife, kids, or parents. After a sleepless night, Fred calls his local Attorney.
Fred tells Attorney that he was wrongfully terminated because he was a great long-term employee. He states most of his performance reviews were positive and he was not given an explanation when he was terminated. Attorney says that based on this information there isn’t much to pursue. Fred was an at-will employee and what he has described does not amount to a wrongful termination. Attorney hears the distress in Fred’s voice and explores further.
Fred recalls that he has been treated differently ever since he injured himself at work and filed a workers’ compensation claim. Fred explains that he fell from a chair about five months ago and has been receiving medical treatment. He reported the injury to the human resources department when it occurred, received treatment the same day and returned to work with restrictions after a month-long medical leave. His restrictions included the length of time he could sit. Fred requested reasonable accommodations including a standing desk and ergonomic chair. Fred was provided a standing desk and ergonomic chair as well as other reasonable accommodations. Fred explained that initially it seemed the company was being responsive to his needs other than jokes by some members of senior management about his disability and his “vacation.” Fred reported these incidents to the human resources department. Fred also explained that a month after his return to work following his injury, he received his first negative job performance review in 25 years. As a result, he was demoted and his pay decreased. Fred was terminated five months after his injury.
“Ahh ha,” said Attorney. There may be something to examine. Attorney explained there are several laws that protect against retaliation, discrimination, or harassment in violation of a protected class or protected activity. Here, there are two protected classes, age (40 or over) and a physical disability. Additionally, there are two protected activities, filing a workers’ compensation claim and use of sick time and/or medical leave. Additionally, there is possible harassment in the jokes that were being made about his disability and his medical leave. Furthermore, there could be possible retaliation in the negative review, demotion, and reduction in pay. Discrimination may also be possible to develop. Attorney warns that more information is needed to fully assess, but there are potential grounds to allege wrongful termination. Fred agrees to meet with Attorney at a later date to explore further.