How To Prove A California Wrongful Discharge Claim

In California, a claim of Wrongful Discharge is defined as:
An at-will employee’s cause of action against a former employer, alleging that their discharge was in violation of state or federal antidiscrimination statutes, public policy, an implied contract, or an implied covenant of good faith and fair dealing.
It simply means:
An employee’s discharge was in violation of state or federal antidiscrimination statutes.
There are 5 elements of the claim:
- Element 1. The plaintiff was employed by the defendant. The plaintiff was an employee of the defendant, meaning the person who is making the claim worked for the company or individual being accused of unfairly firing them.
Facts that might support this element look like:
* The plaintiff received a formal job offer from the defendant, which was accepted in writing.
* The plaintiff was assigned specific job duties and responsibilities by the defendant upon hiring.
* The defendant provided the plaintiff with regular paychecks and tax documents throughout the duration of employment.
* The plaintiff attended mandatory training sessions organized by the defendant as part of their employment.
* The defendant issued performance evaluations for the plaintiff during their tenure with the company. - Element 2. The defendant discharged the plaintiff. In a wrongful discharge claim, the plaintiff argues that the defendant, usually an employer, unfairly fired them from their job without a valid reason or in violation of the law or an agreement.
Facts that might support this element look like:
* The plaintiff was informed by the defendant’s management that their employment was terminated during a meeting on March 15, 2023.
* The defendant provided the plaintiff with a termination letter that explicitly stated the end of their employment effective immediately.
* The plaintiff was not given any prior warning or opportunity to address performance issues before the termination occurred.
* The defendant failed to follow their own established procedures for employee termination in the plaintiff’s case.
* The plaintiff’s termination occurred shortly after they reported safety violations to the defendant’s human resources department. - Element 3. The plaintiff’s refusal for violation of public policy was a substantial motivating reason for the plaintiff’ discharge. The plaintiff was fired mainly because they refused to act against public policy, meaning their dismissal was largely due to their choice to stand up for what is right, which is a key factor in proving a wrongful discharge claim.
Facts that might support this element look like:
* The plaintiff reported illegal activities occurring within the company to management, which led to their termination shortly thereafter.
* The plaintiff was an outspoken advocate for employee safety, raising concerns that were ignored by the employer, resulting in their dismissal.
* The plaintiff refused to participate in unethical business practices, which were encouraged by their supervisor, leading to their discharge.
* The plaintiff had previously filed a complaint with a regulatory agency regarding workplace violations, and was terminated soon after.
* The plaintiff’s termination occurred immediately after they expressed their intent to testify in a whistleblower case against the company. - Element 4. The plaintiff was harmed. In a wrongful discharge claim, the plaintiff must show that they suffered negative consequences, like losing their job or facing financial difficulties, as a direct result of being unfairly fired from their position.
Facts that might support this element look like:
* The plaintiff lost their primary source of income due to the wrongful discharge, leading to financial instability.
* The plaintiff experienced significant emotional distress and anxiety as a result of the sudden job loss.
* The plaintiff’s professional reputation was damaged when the wrongful discharge was publicly disclosed.
* The plaintiff incurred additional expenses related to job searching and retraining after the wrongful termination.
* The plaintiff was denied access to health benefits, resulting in increased medical costs and stress. - Element 5. The discharge was a substantial factor in causing the plaintiff harm. In a wrongful discharge claim, this element means that the way the employee was fired played a significant role in causing them harm, such as emotional distress or financial loss, showing that the firing was not just a minor issue but a key reason for their suffering.
Facts that might support this element look like:
* The plaintiff experienced significant emotional distress immediately following the discharge, leading to anxiety and depression.
* The plaintiff’s financial stability was severely impacted by the loss of income due to the discharge, resulting in unpaid bills and debt.
* The plaintiff was unable to secure new employment for an extended period, directly correlating to the circumstances of the discharge.
* The plaintiff’s professional reputation suffered as a result of the discharge, making it difficult to find new job opportunities.
* The plaintiff sought medical treatment for stress-related health issues that arose after the discharge, indicating a direct link between the two events.
(See California Civil Jury Instructions (CACI), No. 2430.)
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Discharge, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your wrongful discharge claim.
Prove Your CA Wrongful Discharge Claim
U.S. Civil Cases Only