Wrongful Termination Claims Litigation

At-Will Employment and Its Exceptions in California

California is an at-will employment state, meaning that employers may generally terminate employees for any reason or no reason — provided the termination is not for an unlawful reason. However, California courts have recognized significant exceptions to at-will employment that create viable wrongful termination claims even when no written employment contract exists.

Grounds for Wrongful Termination Claims in California

Common theories underlying wrongful termination claims include:

• Termination in violation of the FEHA based on a protected characteristic such as race, sex, age, disability, or sexual orientation

• Termination in retaliation for engaging in protected activity, such as filing a workers’ compensation claim, reporting harassment, or taking protected leave

• Termination in violation of public policy (Tameny claim), where the firing violates a fundamental California public policy embodied in statute or constitutional provision

• Breach of an implied-in-fact employment contract, where the employer’s policies, practices, or representations created a reasonable expectation of continued employment

• Constructive discharge, where the employer deliberately created working conditions so intolerable that a reasonable person would feel compelled to resign

  
  

Damages in Wrongful Termination Cases

A successful wrongful termination claim can result in an award of back pay, front pay, lost benefits, emotional distress damages, and in cases involving malice, oppression, or fraud, punitive damages. Attorney’s fees may also be recoverable under FEHA for successful claimants. These potential damages make early and thorough legal analysis of any termination-related claim essential.

Defending Against Wrongful Termination Claims

NewPoint Law Group’s employment litigation attorneys help California employers document legitimate, non-discriminatory, non-retaliatory grounds for termination decisions, respond to CRD and EEOC charges, evaluate litigation risk and settlement value, and provide strong courtroom advocacy when cases proceed to trial. We also advise employers on pre-termination practices designed to reduce legal exposure.

 The information on this page is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Results vary based on the specific facts and legal circumstances of each matter.