Irvine Wrongful Termination Lawyer

What Qualifies as Wrongful Termination Under State Law?

Broadly speaking, an employer in California can wrongfully terminate an employee in three ways: as a breach of contract, as discrimination based on membership in a protected class, or as retaliation for a lawful action taken by the employee. Breach of contract wrongful terminations typically only happen with workers who have signed employment contracts establishing that they can only be fired under specific circumstances, making any termination on any other grounds a breach of the contract’s terms.

Wrongful termination as retaliation can stem from an employee acting as a whistleblower to report violations of state or federal law committed by their employer, an employee reporting sexual harassment in the workplace, or an employee taking family or medical leave as they are allowed to by law. Finally, under state law, it is illegal to fire a worker because of their membership in a protected class and, more specifically, because of any of the following:

• Their race, ethnicity, skin color, ancestry, or national origin
• Their sex, sexual orientation, or gender identity
• Their religious beliefs or practices
• Their medical status, including any physical disability, pregnancy, genetic information, or AIDS/HIV diagnosis
• Their marital status
• Their political beliefs or military service history
• Their citizenship status
• Their age, if they are older than 40
• Their status as a victim of domestic violence or stalking

Our Irvine wrongful termination attorney can discuss in detail whether a particular scenario might justify a lawsuit.

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