Wrongful termination is a complex and emotionally charged issue that can leave both employees and employers feeling frustrated and uncertain. As a mediator at Resolve Wannon, my role is to help both parties navigate this challenging landscape and find a resolution that works for everyone.
In this article, we’ll take a closer look at wrongful termination in California, focusing on employee rights, legal remedies, and the role of mediation in resolving these disputes.
What is Wrongful Termination?
At its core, wrongful termination occurs when an employer fires an employee for reasons that violate state or federal law, employment contracts, or public policy. In California, the default employment relationship is “at-will,” meaning that employers can generally terminate employees for any reason, or no reason at all.
However, there are important exceptions to this rule, and certain types of terminations may be considered wrongful.
Under the (California Fair Employment and Housing Act (FEHA),(Government Code 12900-12996), it is illegal for employers to terminate employees based on protected characteristics such as race, gender, age, disability, sexual orientation, religion, or national origin.
If an employee can show that their termination was motivated by discrimination, they may have a claim for wrongful termination.
Common Causes of Wrongful Termination
There are several scenarios that can give rise to a claim of wrongful termination:
- Discrimination: As mentioned above, terminating an employee based on protected characteristics is prohibited under FEHA.
- Retaliation: California law, particularly Labor Code 1102.5, prohibits employers from firing employees in retaliation for engaging in legally protected activities, such as reporting workplace safety violations, filing complaints of discrimination or harassment, whistleblowing, or participating in investigations.
- Violation of Public Policy: Terminating an employee for reasons that violate public policy, such as refusing to engage in illegal activities, exercising voting rights, or taking family or medical leave as protected by law, may be considered wrongful termination.
- Breach of Contract: If an employee has an employment contract that limits the employer’s ability to terminate their employment, a firing that violates the terms of that contract may be considered wrongful.
If you believe you have been wrongfully terminated, it’s crucial to consult with an experienced mediator or employment attorney. At Resolve Wannon, we specialize in helping both parties navigate these complex issues. Contact us at 310-592-4359 to learn more.
Legal Rights of Employees
Employees who believe they have been wrongfully terminated have several important legal rights:
- Protection Against Discrimination: The FEHA and federal laws like Title VII of the Civil Rights Act of 1964 prohibit discrimination in employment, including wrongful termination based on protected characteristics. Employees who have experienced discrimination have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
- Whistleblower Protections: Employees who report illegal activity or unsafe working conditions are protected from retaliation under California’s whistleblower laws, including Labor Code 1102.5. If an employee is fired for blowing the whistle, they may have a claim for wrongful termination.
- Contractual Rights: Employees who have an employment contract that limits the employer’s ability to terminate their employment may have additional legal rights. If the employer violates the terms of the contract, the employee may be able to sue for breach of contract and wrongful termination.
Available Remedies for Wrongful Termination
If an employee has been wrongfully terminated, they may be entitled to various legal remedies:
- Reinstatement: In some cases, a court may order the employer to reinstate the employee to their former position. This is more common in cases involving discrimination or retaliation.
- Back Pay and Benefits: Employees may recover lost wages, benefits, and other financial losses resulting from the wrongful termination.
- Compensatory and Punitive Damages: In cases involving particularly egregious conduct, employees may be awarded compensatory damages for emotional distress (see CACI 3905A) and punitive damages to punish the employer.
- Attorney’s Fees and Costs: In successful wrongful termination lawsuits, employees may be entitled to recover attorney’s fees and litigation costs (see Government Code 12965(b)).
At Resolve Wannon, we understand the financial and emotional toll that wrongful termination can take. That’s why we’re committed to helping employees and employers find efficient, cost-effective solutions through mediation. Call us at 310-592-4359 to discuss your options.
The Role of Mediation
While wrongful termination cases can be resolved through litigation, mediation is often a faster, less expensive, and less adversarial alternative. As a mediator at Resolve Wannon, my goal is to help both parties find a mutually agreeable resolution that avoids the need for a lengthy and costly court battle.
In mediation, both the employee and the employer have the opportunity to share their perspectives and concerns in a confidential, non-adversarial setting. As a neutral third party, the mediator facilitates the discussion and helps the parties explore potential solutions. This can include reinstatement, compensation, or other creative remedies that meet the needs of both sides.
Mediation can be a particularly effective tool in wrongful termination cases because it allows the parties to maintain control over the outcome, rather than leaving the decision in the hands of a judge or jury. It also provides an opportunity for the parties to repair their relationship and move forward in a positive way.
Learn what steps to take after experiencing wrongful termination and how mediation can help resolve the dispute. Find out more in our detailed guide here.
Conclusion
Wrongful termination is a serious issue that can have significant consequences for both employees and employers. If you believe you have been wrongfully terminated, it’s important to understand your legal rights and the remedies available to you. At Resolve Wannon, we specialize in helping both parties navigate these complex issues through mediation. If you’re facing a wrongful termination dispute, we encourage you to contact us at 310-592-4359 to learn more about how we can help.
Answers to Frequently Asked Questions About Wrongful Termination
Can I file a wrongful termination claim if I was an at-will employee?
Yes, even at-will employees are protected from terminations that violate the law or public policy. If you believe your termination was illegal, you may have a claim for wrongful termination.
How long does the mediation process typically take?
The length of the mediation process can vary depending on the complexity of the case and the willingness of the parties to reach a resolution. In many cases, mediation can be completed in a single day or a few sessions spread out over several weeks. This is often much faster than the litigation process, which can take months or even years to resolve.