Wrongful Termination
California is an at-will employment state, meaning employers may generally terminate employment for any reason or no reason. But that principle has significant exceptions. A termination is wrongful — and actionable — when it violates a statute, a fundamental public policy, or the terms of an employment contract.
Wrongful Discharge in Violation of Public Policy
California's official jury instructions set out precisely what a plaintiff must prove to win at trial — giving you a clear picture of exactly what your case requires. Under the California Civil Jury Instructions (CACI No. 2430), a plaintiff must prove each of the following:
- The plaintiff was employed by the defendant;
- The defendant discharged the plaintiff;
- A violation of public policy was a motivating reason for the discharge;
- The plaintiff was harmed; and
- The defendant's conduct was a substantial factor in causing the plaintiff's harm.
What Constitutes a Violation of Public Policy
A public policy is fundamental when it is delineated in a constitutional or statutory provision, affects society at large rather than just the parties, and was well-established at the time of discharge. Common examples include terminations for refusing to commit an illegal act, for performing a statutory obligation (such as jury duty), for exercising a statutory right, and for reporting unlawful conduct.
Constructive Discharge
A formal termination is not required. If an employer deliberately makes working conditions so intolerable that a reasonable person would feel compelled to resign, the resignation may be treated as a discharge. See CACI No. 2431 and CACI No. 2510 ("Constructive Discharge" Explained).
Overlap With Statutory Claims
Wrongful termination claims frequently arise alongside FEHA discrimination and retaliation claims, whistleblower claims under Labor Code section 1102.5, and CFRA retaliation claims. The same conduct can give rise to multiple overlapping theories of recovery.
Frequently Asked Questions
Is California an at-will employment state?
Yes, but with significant exceptions. While employers may generally terminate employment for any reason or no reason, a termination is actionable when it violates a statute, a fundamental public policy, or the terms of an employment contract. Many terminations that appear lawful on the surface are not.
What is wrongful termination in violation of public policy?
Also called a Tameny claim, this occurs when an employer fires an employee for a reason that violates a fundamental public policy — such as firing someone for refusing to commit an illegal act, for reporting unlawful conduct, for exercising a statutory right, or for performing a civic duty like jury service. See CACI No. 2430.
What is constructive discharge?
Constructive discharge occurs when an employer deliberately makes working conditions so intolerable that a reasonable person would feel compelled to resign. California courts treat a constructive discharge as termination for purposes of an employment claim. See CACI No. 2431.
Can I have both a wrongful termination claim and a discrimination claim?
Yes. Wrongful termination claims frequently arise alongside FEHA discrimination, retaliation, and whistleblower claims. The same termination can give rise to multiple overlapping theories of recovery, and strategic decisions about which claims to pursue are an important part of case evaluation.
Request a Confidential Consultation
If you believe your termination was unlawful, Teti Law offers confidential consultations to evaluate your matter for legal merit, evidentiary strength, and strategic posture.