Defending California Employers: A Guide to Wrongful Termination Defense

Employers across California need to navigate a complicated legal landscape, when it comes to firing employees. At Brereton Law, some of the most common questions we handle as experienced employer defense attorneys include, “What is considered wrongful termination under California law?” and “How can my business avoid these expensive claims?” 

If you’re looking for guidance to manage employer defense challenges effectively, this blog will provide everything you need to know. From key questions to common mistakes, and the advantages of partnering with experienced employment law defense attorneys, this is your guide to safe and effective business practices in California.

Why Do Businesses Need Employer Defense?  

Since California has some of the strictest employment laws in the country, even well-meaning employers can find themselves facing wrongful termination lawsuits. Your business therefore, needs to first and foremost understand its rights and responsibilities by working with proven attorneys for retaliation defense.

What Sets Brereton, Mohamed, & Korte LLP Apart?  

At Brereton, Mohamed, & Korte LLP, our team combines extensive knowledge of employment law with the ability to deliver practical, business-friendly solutions. By becoming a partner in your HR process, we help you create compliant termination procedures from the start. Whether you need daily workplace advice or complex legal support, we are here to assist you with personalized, proactive defense strategies.

Understanding Wrongful Termination in California  

Wrongful termination happens when an employee is fired in violation of California law or public policy. California is an “at-will” employment state, which means either employers or employees can end the relationship at any time, with or without a reason. However, there are important exceptions:

• Implied Contracts: If an employer’s actions or policies imply job security, like employee handbooks that promise progressive discipline, firing without cause may be unlawful.

• Public Policy Violations: It is illegal to fire someone for refusing to break the law, reporting illegal activities (whistleblowing), or exercising a legal right, such as taking family leave. 

• Discrimination and Retaliation: Firing someone based on protected traits like race, gender, age, or disability, or for participating in protected activities such as complaints or whistleblowing, is against the law.

Common Reasons for Wrongful Termination Claims  

In California, employees often claim wrongful termination due to:

• Retaliation after reporting harassment or discrimination

• Violations of implied contracts (e.g., not following through with promised disciplinary procedures)

• Discrimination based on protected status

• Whistleblowing (reporting illegal behavior)

• Violating public policy (e.g., firing for legally protected leave)

At-Will Employment and Its Limits  

Although California has an at-will doctrine, it is not without limits. Employers can usually fire employees without cause, but there are exceptions to this practice that can complicate matters. In many cases, employer defense lawyers focus on whether an exception applies, and it’s usually the employer’s responsibility to prove the termination was lawful. 

Employer Mistakes That Lead to Lawsuits  

Common errors made by California employers include:

• Inconsistent documentation, which includes not recording performance issues or disciplinary actions

• Retaliatory actions taken against employees who raise concerns

• Policies that are either absent or not put into practice

• Biased decision-making, where personal feelings or unconscious bias affect termination choices

• Ignoring complaints about harassment, discrimination, or unsafe work conditions  

Essential Evidence for Lawful Termination  

To defend against a wrongful termination claim, employers need to have:

• Written policies and employee handbooks

• Performance evaluations and records of disciplinary actions

• Emails or memos that record issues and discussions

• Investigation reports for harassment or discrimination claims

• Consistent application of policies across employees  

Brereton Law’s Defense Strategy  

We start by thoroughly reviewing your policies, documentation, as well as the facts surrounding the termination. Next, we assist you in collecting and organizing evidence, interviewing witnesses, and preparing a strong defense. 

We also recommend the best practices for investigating workplace harassment and tried and tested strategies for defending against retaliation claims, ensuring your business stays protected before, during, and after a termination.

Building Compliant Termination Processes  

We don’t just respond to lawsuits; we help you prevent them. Our team of employment defense attorneys collaborates with your HR to develop clear, fair, and legally sound termination processes. When we partner you, we also make it a point to train your managers on proper documentation, policy enforcement, and general pitfalls related to employer retaliation.

Consequences of Losing a Wrongful Termination Claim  

If an employer loses a wrongful termination case, the typical repercussions include:

• Financial damages, including back pay, front pay, and emotional distress

• Punitive damages when conduct is particularly harmful

• Legal fees and court costs

• Damage to reputation and lower employee morale 

Key Takeaways for California Employers  

• Document everything. Consistent and thorough records are your best protection.

• Train your managers. Make sure they understand California employment laws and your internal policies.

• Investigate complaints quickly. Take all allegations of harassment, discrimination, or retaliation seriously.

• Consult an employer defense attorney early. Don’t wait until you receive a lawsuit.

• Choose a law firm with experience. When searching for workplace lawyers or employer defense attorneys, look for proven expertise in employment law and retaliation defenses.

What to Do If Served with a Lawsuit  

If you receive a wrongful termination claim:  

• Contact the Brereton Law Office immediately. Early intervention is crucial.  

• Preserve all relevant documents and communications.  

• Avoid discussing the case with anyone outside of your legal team.  

• Follow your attorney’s instructions for responding to the claim.  

Contact Brereton Law Office Today  

If you are a California employer worried about wrongful termination, retaliation, or investigations, don’t leave your business’s future to chance. Contact Brereton Law Office today. We have extensive knowledge of California employment law, a proactive strategy for employer defense, and an unwavering commitment to your business’s success. Work with us to discover how the right employer defense attorney can make all the difference.