Wrongful termination occurs when a company fires an employee for an unlawful reason. Some wrongful terminations are discriminatory in nature. Those in positions of business authority may allow their personal biases to affect decisions they make about hiring or job retention.
Other times, wrongful terminations occur because employees engage in protected workplace activities. They assert their employment rights, only to have their employers punish them unlawfully for doing so. All three of the protected acts below should not result in retaliation. Despite the legal protections extended to workers, they could face termination in some cases for the protected activities described below.
1. Reporting safety or legal issues
Employees have the right to act as whistleblowers within the company. They can also make reports to outside regulatory authorities. If a company fires a worker for reporting illegal activity or safety issues, that may constitute wrongful termination.
2. Requesting unpaid leave
The Family and Medical Leave Act (FMLA) creates a federal right to unpaid leave in qualifying circumstances. The California Family Rights Act (CFRA) reinforces and expands that right. Employers should not terminate workers who request or take unpaid leave in qualifying circumstances. Employees should be able to return to their positions after their leave without facing job penalties.
3. Organizing with coworkers
Employees have a right to discuss their wages and working conditions, regardless of what policies their employers maintain. They also typically have the right to discuss the unionization with one another and union representatives.
When employers punish workers for asserting their workplace rights, terminated workers may have grounds for credible retaliation claims. Discussing the circumstances of what might be a wrongful termination with a skilled legal team can help workers to understand and assert their rights.