Defenses for Wrongful Termination Cases In California

California is an “at-will” state, meaning an employer or employee may choose to end their employment at any time. Despite this status, an employer may not fire an employee for reasons that violate the state’s anti-discrimination laws, in retaliation against an employee for exerting their legal rights in the workplace, or in violation of labor contracts. If an employer terminates a worker’s employment in violation of state or federal laws, it is wrongful termination. Fortunately, California’s robust employee protection laws allow employees to defend themselves against an employer’s wrongful termination, but what happens when an employee falsely claims that their termination violated the state’s laws? What defenses protect employers against false wrongful termination allegations?

What Is Wrongful Termination?

When an employer’s reasons for terminating an employee’s job violate state or federal laws, it’s wrongful termination. If an employee exerts a legally protected right and their employer terminates their employment in response, it’s unlawful retaliation, which is ground for a wrongful termination lawsuit in Orange County. 

California’s laws also anticipate that some employees may misuse the state’s wrongful termination laws when they were let go from their position for legitimate reasons that do not violate state or federal employment laws. For this reason, a successful wrongful termination lawsuit requires substantial evidence demonstrating that the employer’s action in firing the employee was unlawful.

How Can an Employer Defend Against Claims of Wrongful Termination?

Fortunately, the burden of evidence in proving wrongful termination lies with the terminated employee, except in allegations of employer retaliation firings, in which case, the burden of proof shifts to the employer. Common defenses against wrongful termination claims include the following:

• Demonstrating that progressive discipline occurred in the case: an employer can show that they issued warnings or progressive workplace disciplinary actions against the employee, yet the employee failed to take action to correct a problem, such as poor performance or misconduct.
• The employee’s termination was required by the employer in order to meet a legitimate business concern or in the best interest of the business, even if the termination impacted an employee with protected status or appeared to discriminate. The employer must be able to demonstrate that the termination was indiscriminate or applied evenly across all workers.
• The termination was part of an across-the-board workforce reduction.
• The employer can show that the employee’s allegations are unwarranted and intended to target the employer in revenge for the employer’s reasonable actions in terminating the employee.
• The employer can cite the specific clause in the work contract that permits termination, demonstrating that the action was not in violation of the contract.

An employer can also implement procedures and protections against allegations of wrongful termination through clear policies outlining expectations for employee performance and a system of progressive disciplinary measures. Then, by keeping meticulous written records of all employer and manager actions and employee responses, they have sufficient evidence to defend against false allegations. An employer must ensure consistency in implementing these procedures amongst all employees to avoid wrongful termination lawsuits.

What Is the Role of a California Employment Lawyer?

An employment lawyer protects their client’s best interests by examining all aspects of the case, considering employment contracts, all documentation, the company’s internal policies, and both federal and state laws. Then the employment attorney evaluates the strengths and weaknesses of the case and guides the employer on the best strategy for their defense against the wrongful termination claim. Contact Sessions & Kimball LLP today for a free consultation.