California has some of the most widespread civil rights laws in the nation, adding a number of categories to those provided in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. In addition, California is an “at will” state, which allows employees and employers to terminate the working relationship for any reason that is not otherwise prohibited in federal and state labor laws. However, if an employee does have a claim for wrongful termination, as long as they file claim within the state’s statute of limitations with the state or local office of the Equal Employment Opportunity Commission (EEOC), they may be able to be reinstated, recover compensation, or damages.
California’s Specific Labor Laws
There is a long list of special state laws in California protecting employees from wrongful termination, in addition to federal employment laws. Those state laws include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$8.00 |
No tip credit; minimum wage for tip employees $6.75 |
|
State Military Leave |
Yes |
Unlimited unpaid leave and reinstatement without loss of benefits or termination without cause for 1 year; 52 weeks of unpaid disability leave due to military service; no discrimination due to military service |
|
Jury Duty |
Yes |
Vacation, sick time, or comp time used for unpaid leave; employees making court appearances as victims of crime, sexual assault, or domestic violence cannot be penalized |
|
Voting |
Yes |
2 hours paid time off if necessary, & if requested 2 days in advance |
|
Garnishment |
Yes |
$1.50 fee, no discrimination for such requirement; employer penalties for violation |
|
State Family & Medical Leave |
Yes |
5 or more employees, pregnancy leave; 25 or more, domestic violence, sexual assault, school activity leave; 50 or more, domestic partner leave; if employees contribute to state temporary disability ins. Fund, employees must be allowed to participate in state paid family leave benefits program; 55% of regular earnings for up to 4 months pregnancy leave, 12 weeks domestic partner care, 6 weeks for SDI contributors with ill family member or new child; 40 hours/yr. school activities; reasonable time for victims of domestic violence or sexual assault, their families, or domestic partners. |
|
Arrest & Conviction Records |
Yes |
No questions about arrests without convictions; no questions about diversion programs; may ask about pending trials & convictions even without sentencing |
|
Discrimination |
Yes |
5 or more employees; age discrimination (40 & older); national origin, disability, AIDS/HIV; gender, marital status; pregnancy & child birth, race, religion, sexual orientation; genetic testing information; medical conditions; political activities or associations |
|
Whistleblower |
Yes |
Both public & private employees |
|
Plant Closings |
No |
|
*These laws change often, so consult state statutes for the most up-to-date information.
California Discrimination Laws
California discrimination laws have wide leeway for employees to pursue remedies, beyond those that may be pursued by government labor agencies. The basic areas of federal civil rights protection include race, color, religion, sex, or national origin. Employees filing for remedies from those and specific state abuses have the following options:
- Employees are permitted to file private lawsuits
- Employees are permitted to recover attorney’s fees from a defendant
- California statute of limitations is 3 years for civil actions, and 1 year for government/agency claims
Filing a Claim for Wrongful Termination
In order to pursue compensation for wrongful termination, local EEOC offices begin the process with the following actions:
- Investigation
- Mediation/Conciliation
- When appropriate, filing a lawsuit
If, however, after 180 days there is no relief, or unsatisfactory relief, employees may pursue private remedies, usually by contacting an employee rights attorney.
Legal Remedies for Wrongful Termination
While EEOC claims may not always be justified or successful, there are some common remedies employees may pursue, or that may be further pursued in private lawsuits:
- Reinstatement
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
California provides for some specific remedies in the following areas:
- Jury duty – reinstatement with back pay and/or lost wages and benefits; if the judge determines the violation is willful, misdemeanor charges may be filed.
- Child support garnishment – contempt of court for willful refusal to garnish wages, possible liability for support amounts plus interest.
- Whistleblower Protections – misdemeanor charges with penalties of up to 1 year in jail and $1,000 fine for individual employers, up to $5,000 fines for corporate employers
Victims of wrongful termination must begin the claim process with the EEOC; however, if that does not provide the relief or compensation they believe they are due, they may contact an employee rights attorney to pursue further negotiations with their employer or a lawsuit.
Local Resources
Equal Employment Opportunity Commission Offices
Fresno Local Office
2300 Tulare Street
Suite 215
Fresno, CA 93721
559-487-5837 or
800-669-4000
TTY: 559-487-5837 or
800-669-6820
FAX: 559-487-5053
Los Angeles District Office
255 E. Temple Street
4th Floor
Los Angeles, CA 90012
213-894-1000 or
800-669-4000
TTY: 213-894-1121 or
800-669-6820
FAX: 213-894-1118
Oakland Local Office
1301 Clay Street
Suite 1170-N
Oakland, CA 94612
510-637-3230 or
800-669-4000
TTY: 510-637-3234 or
800-669-6820
FAX: 510-637-3235
San Diego Area Office
401 B Street, Suite 510
San Diego, CA 92101
619-557-7235 or
800-669-4000
TTY: 619-557-5748 or
800-669-6820
FAX: 619-557-7274
San Francisco District Office
350 Embarcadero, Suite 500
San Francisco, CA 94105
415-625-5600 or
800-669-4000
TTY: 415-625-5610 or
800-669-6820
FAX: 415-625-5609
San Jose Local Office
96 N. Third Street
Suite 200
San Jose, CA 95112
408-291-7352 or
800-669-4000
TTY: 408-291-7374 or
800-669-6820
FAX: 408-291-4539
Department of Fair Employment and Housing
Sacramento District Office
Sacramento, CA
916-445-5523
800-884-1684
www.dfeh.ca.gov