Navigating Wrongful Termination: Understanding Your Rights and Legal Options
California follows at-will employment law, meaning employers can generally end employment contracts for any reason. However, exceptions exist, and terminations for unlawful reasons may be grounds for mediation or legal action.
Wrongful Termination Claims: Common Grounds
Discrimination or Reporting FEHA Violations
California’s Fair Employment and Housing Act (FEHA) protects employees from termination based on protected traits, including:
- Race, color, national origin, ancestry
- Sex, gender, gender identity, pregnancy
- Religion, age (if over 40), disability
- Marital status, sexual orientation
- AIDS/HIV status, medical condition
- Political activities or affiliations
- Military or veteran status, citizenship status
FEHA also prohibits retaliation for:
- Opposing workplace harassment or discrimination
- Filing harassment or discrimination complaints
- Testifying in harassment or discrimination cases
Violation of Implied Oral Contracts
These unwritten agreements may limit an employer’s ability to terminate without good cause.
Making Wage and Hour Complaints
Protections exist for employees who:
- Request or use family/medical leave
- Complain about wage and hour law violations
Improper Notice Before Mass Layoffs
California’s WARN Act requires 60 days’ notice for mass layoffs or facility closures.
Filing Workers’ Compensation Claims
Termination for exercising workers’ compensation rights may be grounds for mediation.
Refusing to Violate Public Policy
Employees cannot be fired for refusing to participate in illegal activities.
Whistleblowing
Labor Code 1102.5 protects employees who report legal violations to authorities.
Addressing Wrongful Termination Through Mediation
If you believe you’ve been wrongfully terminated, consider these steps:
- Consult a neutral mediator to discuss your situation.
- Gather and preserve relevant evidence, such as:
- Recorded communications (emails, voicemails)
- Witness accounts from coworkers
- Company employment data
- Be aware of statutes of limitations for different claims:
- FEHA: 3 years
- Implied Oral Contract: 2 years
- Whistleblower under Labor Code 1102.5: 3 years
- Public Policy: 2 years
- WARN Act: 3 years
Resolve Wannon: Neutral Mediation for Wrongful Termination Disputes
Resolve Wannon offers impartial mediation services to help navigate wrongful termination disputes. Our mediators are dedicated to neutrality, ensuring that both employees and employers have a fair and balanced platform to express their concerns.
We provide a neutral space for both employees and employers to discuss concerns, explore solutions, and work towards fair outcomes. Our focus is on facilitating a balanced discussion that considers the interests of all parties involved.
By choosing mediation, parties can often avoid costly litigation while addressing the underlying issues in a confidential and collaborative manner. Contact Resolve Wannon to learn more about how our neutral mediation services can assist in resolving wrongful termination disputes.