Wrongful termination in California happens when an employment agreement is ended by the employer in violation of the employee’s legal rights. Employees who have been terminated for discriminatory reasons, for exercising their legal rights, or in violation of an employment contract may have a wrongful termination claim. Wrongful termination happens when an employment agreement is ended by the employer in violation of the employee’s legal rights. Even though California is an “at-will” state, meaning that an employer or employee can be terminated at any time with or without cause at any time and for any lawful reason, with or without advance notice. In California, wrongful termination claims come when state and federal laws explicitly prohibit employers from firing employees for a number of reasons, which are illegal. Discharge of an employee for an unlawful reason is a wrongful termination according to California termination laws. Anti-Discrimination: Federal and California State Laws The laws setting forth anti-discrimination practices are found under Title VII of the federal Civil Rights Act of 1964, the California Fair Employment and Housing Act (FEHA), the Age and Discrimination Act (ADEA), the Equal Pay Act, the Americans with Disabilities Act (ADA), the California Family Rights Act, and the Healthy Workplaces, Healthy Family Act. Discrimination claims are handled by both the California Department of Fair Employment and Housing (DFEH) and the federal Equal Employment Opportunity Commission (EEOC). Federal Discrimination Based on a Protected Class Category Under federal law, an employee cannot be fired for the following – PROTECTED CLASSES Age (40 or older) Race Sex (including pregnancy, gender identity, and sexual orientation) Physical disability Mental disability Religion or religious practices National origin Political affiliation California Employment Discrimination California has some of the most comprehensive and protective laws for employees in the nation. In California an employee cannot be fired for: PROTECTED CLASSES Race, color Ancestry, national origin Religion, creed Age (over 40) Disability, mental and physical Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions) Sexual orientation Gender identity, gender expression Medical condition Genetic information Marital status Military and veteran status Harassment and Retaliation The Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate against an employee or retaliate against them because they have asserted their rights under the law. Learn more about FEHA here. Examples of retaliation include: Reporting unlawful activities Claiming workers’ comp Workplace health and safety complaints Complaining about unpaid wages or overtime Reporting Labor Code violations, such as failure to provide meal or rest breaks Against health care workers for reporting patient safety concerns OSHA retaliation Taking Protected Time Off The California Family Rights Act (CFRA) requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of job-protected leave in a 12-month period for the birth of a child, for placement of a child in the employee’s family for adoption or foster care, for the serious health condition of the employee’s child, parent, or spouse, and for the employee’s own serious health condition. Learn more about paternity Sick Leave Under the Healthy Workplaces, Healthy Family Act, eligible employees may take paid sick leave for the following reasons: Diagnosis, care or treatment of the employee’s or a covered family member’s existing health condition; Preventive care for the employee or a covered family member; and For an employee who is a victim of domestic violence, sexual assault or stalking to obtain legal, medical or social services. Employees may accrue and use up to 24 hours (or three days) of paid sick leave per year. Total accrual, including carryover of unused accrued time, may not exceed 48 hours (or six days) per year.