Wrongful termination is when an employer fires an employee for an illegal reason. These illegal reasons can include retaliation. They can include discrimination. They can include harassment.
And they can even include sometimes when an employee requests a certain right that they have in the workplace and the employer doesn't want to give them that right. For example, disability discrimination, asking for a reasonable accommodation.
In all of these cases, if an employer fires an employee as a result of taking these actions, the employer can be sued for wrongful termination. So, wrongful termination includes any type of illegal action that an employer takes against an employee and terminates them as a result.
When a firing crosses the line
California is an "at-will" state — an employer can usually let someone go for almost any reason, or none. The exception is when the real reason is one the law forbids. That's the line between a lawful firing and a wrongful one.
A termination is generally wrongful when it's driven by a protected trait (race, sex, age, disability, religion, pregnancy), by retaliation for reporting harassment, discrimination, or unpaid wages, by taking legally protected leave, or by refusing to do something illegal. Employers rarely admit the real reason, so these cases usually turn on timing and the paper trail around the decision.
What to do if you suspect it
Write down what happened and when, save relevant emails, and don't sign a severance agreement before you understand what you'd be giving up. An employment lawyer can look at the sequence of events and tell you whether the firing fits an unlawful category — usually free for the first review.
More questions, answered.
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