California’s laws concerning wrongful termination have seen substantial growth and development in recent years. They reflect the state’s vigorous efforts to safeguard employee rights amidst the rapidly transforming work environment.
This article delves into some recent changes in the law, notable court cases, and new trends that are shaping California’s wrongful termination landscape. RD Law Group handles Wrongful Termination law, while also helping us put together this easy-to-follow guide regarding this area of employment regulation.
California’s At-Will Employment and Its Exceptions
The “at-will” employment doctrine governs employment relationships in California. Under this doctrine, employers have the right to terminate the relationship for any reason.
But, of course, the reason must not be illegal, such as racial or sexual discrimination, for example. Other reasons that are unacceptable include anything related to:
- Color
- National origin
- Religion
- Gender
- Age
- Disability
- Pregnancy
- Marital status
The California Fair Employment and Housing Act (FEHA) maintains these protections against discriminatory firings. Discriminatory firings are unlawful and employers will be held accountable to the maximum extent of the law.
California workers also enjoy retaliation protections. This means that they cannot be fired for doing certain things that the law says they have a right to do. These legally protected activities include:
- Whistleblowing: Reporting violations of law or unsafe working conditions
- Exercising Leave Rights: Taking family, medical, or other protected leaves
- Participating in Investigations: Being involved in investigations of workplace misconduct
California Labor Code specifically protects employees who disclose information they believe to be a violation of state or federal statutes.
Recent Legal Developments and Trends
New considerations in wrongful termination law are the result of changes in everyday employment practices, as well as the attitudes of new judges and the next generations of legal professionals that are coming up. Here are a few things influencing changes in wrongful termination law:
Remote Work and Telecommuting
Remote work increases the complexity of wrongful termination claims, especially related to jurisdiction and choice of laws that apply to the case. Where to try the case and whether to use the state laws from the businesses physical location or the state laws from where the remote worker resides is just one factor to consider.
Stricter Penalties for Violations
To prevent wrongful termination practices, California might adopt tougher penalties that would impose larger amounts of money to be paid to the victims of discriminatory terminations, while also creating an avenue for their return to work.
Performance Improvement Plans (PIPs)
Employers are turning to PIPs with increasing frequency as a legal safeguard against wrongful termination lawsuits. While intended to document performance issues, critics say PIPs often serve as precursors to termination rather than genuine improvement tools.
Employee Rights During Termination
California law requires that certain obligations be met by an employer during the termination of an employee. However, RD Law Group handles Wrongful Termination law, so these rights aren’t something that employees have to learn on their own.
- Final Paychecks: Final pay is due immediately upon termination of employment, including any accrued vacation time.
- WARN Act Compliance: California WARN Act mandates that 60 days’ notice is to be given by employers before mass layoffs, making sure workers are informed and have the chance to seek new jobs.
Defending Against Wrongful Termination Claims
To lessen the chance of having to deal with wrongful termination claims, every employer must be watchful in the way it conducts business, particularly in the areas of hiring and firing. If an employee must be let go, doing it in the right way can prevent a lawsuit.
- Document all aspects of employee performance and behavior
- Apply consistent policies throughout the workplace
- Consult with a workplace law attorney if you have any questions
Future Outlook
California’s wrongful termination laws will likely adapt to workplace dynamics that continue to evolve.
- New Laws on the Horizon: Look for laws being created to cover new grounds like remote work, classification of gig workers, and use of AI in evaluations of employee performance.
- Judicial Interpretations: Courts will carry on interpreting current laws in the context of modern employment practices, and this will influence how wrongful termination protections are applied.
If You Have Further Questions About Employment Protections RD Law Group Handles Wrongful Termination Law
California’s wrongful termination laws are strong. But even the best laws can’t protect employees if they don’t know about those laws and the rights that they provide. So to that end, always consult with a legal specialist in this area in the law even you have nay suspicions that you may have been wrongfully terminated.