San Francisco, CA employment attorney Traci M. Hinden talks about how to know if you were wrongfully terminated. She addresses the various circumstances that may support a wrongful termination claim in California. She explains that California is an at-will employment state, meaning an employee can generally be terminated at any time and an employee can also leave at any time, as long as the termination is not based on a legally protected status or classification. She notes that these protections can include race, religion, sexual orientation, disability, gender, gender identity, pregnancy, domestic violence victim status, immigration-related issues, and military status, with California generally providing broader protections than federal law.

She points out that a termination may raise concerns when it appears connected to one of these protected characteristics or to protected workplace conduct, such as reporting illegal activity, supporting another employee, or requesting or taking medical leave. However, she emphasizes that identifying a potential connection is only the beginning and that an employee should speak with an attorney to evaluate the circumstances and determine whether the evidence supports a wrongful termination claim.

She explains that California wrongful termination cases can involve different stages of proving the employer’s motivation. An employee may first establish that they belong to a protected classification or engaged in protected conduct, after which the employer may respond that the termination was based on a legitimate business reason. She notes that the employee may then need evidence to rebut the employer’s explanation, such as discriminatory comments related to age or sex, or conduct showing that the termination occurred shortly after the employee disclosed a pregnancy. Without sufficient evidence connecting the termination to a protected characteristic or protected activity, an employee may not be able to establish a wrongful termination claim.