At-will employment

In California, most employment relationships are "at-will," meaning that either the employer or the employee may terminate the relationship at any time, with or without cause, as long as the termination was not done for illegal purposes. This usually means that employers cannot terminate an employee, even one who is "at-will," if that termination is in violation of federal, state, or local anti-discrimination laws or is fundamentally against public policy.

California laws protect employees from being terminated or otherwise penalized with respect to any of the terms and conditions of employment on the bases of race, color, national origin, sex, religion, disability, pregnancy, and age. Federal law is substantially the same in this regard. Where state and federal law conflict, federal law normally prevails under the legal doctrine of preemption.

California public policy violations - What is retaliatory termination?

Wrongful termination cases also describes situations in which the employer has retaliated against an employee for exercising a legal right that is supported by public policy. For example, an employee cannot be terminated because she reported (blew the whistle on...) her employer to the government for violating the law. An employer is also prohibited from terminating or punishing an employee for refusing to commit an unlawful act.

California employers must follow their employee handbook

Employers are now urged and in many cases mandated to have employee handbooks. An employee handbook sets forth the legal requirements of both the employee and the employer as they relate to company policy in areas of work safety, minimum wages, working conditions, discrimination and harassment. An employer who has not followed its own disciplinary and termination policies can face a wrongful discharge suit.

California Department of Fair Employment Claims

The Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination (race, religion, sex, national origin, etc.) in the areas of employment, housing and public accommodations. If you plan to make a claim based on discrimination, you must first file a complaint with the DFEH. There are strict deadlines for filing such administrative claims, and you should speak to a qualified California employment attorney as soon as possible after the incident. The information at http://www.dfeh.ca.gov/ will also be useful to you.

Federal EEOC complaints

If you plan to file a federal claim, you must also file an administrative claim with principle [not sure what "principle" means. "Principal" meaning "major"?] federal employment agency. This type of claim involves the Equal Employment Opportunity Commission (EEOC) and again you must comply with strict filing requirements and deadlines. Failure to comply can bar you from further legal action against your employer.

Claims in other states

Like California, most other states have also enacted anti-discrimination laws, and you must be mindful of those requirements. Your best bet is to speak to a qualified employment attorney in your state as soon as possible after the incident.

Types of legal damages available

The categories of legal damages available to wrongfully terminated employees can include back pay, reinstatement, front pay, compensatory damages, injunctive relief, punitive damages, and even attorneys' fees.