Can I Sue My Employer for Firing Me?

Losing a job can be a deeply unsettling experience, and it becomes even more distressing if you believe you were wrongfully terminated. Depending on the circumstances, you may wonder, “Can I sue my employer for firing me?” The answer to this question can be complex and largely depends on the specifics of your situation. An experienced employment lawyer can advise if you have legal grounds to sue an employer for wrongful termination.

At-Will Employment and Its Exceptions

The majority of employment in the United States, including in California, is considered “at-will”. This means that an employer can terminate an employee for any reason or no reason at all, as long as it’s not an illegal reason. Conversely, employees can also leave their job whenever they wish.

However, there are several critical exceptions to the at-will doctrine:

Contractual Employees: If you signed an employment contract promising job security for a certain period, and the employer fires you before the end of that period without a valid reason stated in the contract, you might be able to sue for breach of contract.

Discrimination: Federal and state laws prohibit firing an employee based on certain protected characteristics such as race, color, national origin, sex, pregnancy, religion, age (if the employee is at least 40), disability, and genetic information. Some states and localities may offer additional protections.

Retaliation: Employers cannot fire employees for asserting their rights under employment laws, such as complaining about harassment or discrimination, reporting workplace safety issues, or making a claim for workers’ compensation.

Public Policy Violations: An employer can’t fire an employee if it would violate the state’s public policy. For instance, an employer can’t terminate an employee for taking time off to vote, to serve on a jury, or to serve in the military, among other things.

Steps to Take If You Think You’ve Been Wrongfully Terminated