Can I Sue My Boss For Firing Me In California?

California employees enjoy broad policies that protect their labor law rights. There’s a list of reasons they cannot be fired for, even if they don’t have an official contract.

Yes. You can sue your boss for firing you. However, the motives or reasons for the firing should fall under the Wrongful Termination Laws in California to be eligible for legal action.

So, what are the legal reasons to sue your boss for wrongful termination in California? Does that apply to at-will workers? First, let’s look at some crucial employment law policies relevant to wrongful termination claims in California:

What Is Wrongful Termination In California?

Wrongful termination means firing an employee for illegal reasons. For example, California law identifies the following as unlawful reasons to fire an employee:

• Discrimination. Firing an employee because the employer discriminates against their protected attributes is illegal in California. These protected attributes include age, race, sex, gender, disability, and so on.

• Retaliation. Termination could be a way to retaliate against an employee for doing a protected activity. Under California law, protected activities are things employees are free to do and cannot be forced to not do by their employers. Protected activities include filing an FMLA leave, reporting employers for potential illegal activity, taking time off the serve on the jury or to vote, etc.

• Breach of contract. Employees cannot—save for a few exceptions—be fired for reasons not stated or contradicts clauses in their contracts. For example, if you were contracted to work for three years and your employer has no valid reason to fire you before those three years are up, it can be considered a breach of contract claim.

If you have a potential case, you should consult a California wrongful termination lawyer before deciding on the next step to take. Employment lawyers are experienced in wrongful termination and can assess your current case and suggest the best legal route to take.

What About At-Will Workers In Wrongful Termination Claims In California?

The best way to summarize working at will is that employees and their bosses work at each other’s disposal. This means employees can leave whenever they want for whatever reason, while employers can stop working with them and can fire them at any time for any reason (sometimes, no reason at all).

So, if a boss can fire you whenever they want, how can an at-will worker ever be eligible for wrongful termination claim settlements?

The answer is that while your boss can fire you for no reason, they cannot fire you for discriminatory or illegal reasons.

If your boss fires you based on age, race, or other protected characteristics, you can sue them for wrongful termination. Likewise, acts of retaliation can also be eligible for employment claims, at-will or not.

How Much Can You Get From A Successful Wrongful Termination Claim In California?

If successful, you’ll be entitled to damages under California wrongful termination laws. So, for example, you might be able to compel your boss to compensate you for the following:

• Economic damages. This can include back pay, lost income, lost benefits, etc. These are the easiest to prove compared to other damages because there are documents, receipts, and pay slips that could be easily compiled and used as evidence.

• Non-economic damages. You can also get compensation for emotional distress and other intangible damages. Unlike economic damages, these damages are much harder to prove because there’s likely no objective document that gives a number to the levels of emotional distress.

• Reinstatement. You can be reinstated into your previous position or one equivalent to it.

• Punitive damages. For particularly egregious cases, the courts might grant you punitive damages. This punishes an employer and deters them and others from doing the same thing again. That said, these are relatively rare.

As mentioned, some of these damages are harder to prove than others. So, you want to consult a wrongful termination lawyer in California to help you build a strong case.