How Can Employers Prevent Wrongful Termination Claims Sagaser

Fresno 559-421-7000Bakersfield 661-616-1360San Luis Obispo 805-296-5007Hanford 559-421-7000 Fresno559-421-7000Bakersfield661-616-1360San Luis Obispo805-296-5007Hanford559-421-7000 On Behalf of Sagaser, Watkins & Wieland PC | May 7, 2025 | Employment Law Wrongful termination claims can be costly and damaging for employers, but the good news is that there are steps you can take to reduce the likelihood of facing such a claim. By following certain guidelines and maintaining fair and consistent practices, you can help protect your business from legal action. Let’s dive into some effective strategies.

A well-structured employee handbook is essential for protecting your business. It sets the tone for workplace expectations and provides clear guidelines on discipline, performance, and termination. Ensure that your policies comply with California’s labor laws and are regularly updated. Providing employees with a copy of these policies and having them sign an acknowledgment can also prevent disputes down the road. In a perfect world, employees perform optimally, enjoy high job satisfaction, and stay with one company until retirement. This type of perfection rarely exists.

According to the U.S. Bureau of Labor Statistics, the median employee tenure with a single company is 3.9 years. While some staff members resign voluntarily, others are involuntarily terminated. Improper or illegal terminations expose companies to consequential legal issues and financial risk. Employers must attempt to close all possible doors to post-termination litigation to avoid lengthy and expensive legal battles, adverse publicity, and any detrimental impact on employee morale. Make sure your employees understand their job responsibilities, the company’s policies and code of conduct, any performance issues, and ways to improve their performance.

That said, the most important way to avoid litigation is by adhering to all applicable federal, state, and local laws concerning employment. Never fire an employee for an improper or illegal reason. Doing so leads to accusations of discrimination, retaliation, or breach of contract. Emotions run high following an involuntary discharge and some ex-employees are just looking for a fight. While nothing can totally bar former workers from pursuing legal action, employers can take steps to take the wind out of these individuals’ litigious sails. Get a free trial of Practical Law, the how-to resource with termination best practices, protocols and practical tips for employers on legal risks.

The best way to escape a lawsuit it to avoid its inception. Implementing and following proper termination practices minimizes the risk of encountering a wrongful termination claim. Before initiating a dismissal process, employers must understand all applicable federal and state employee termination laws and policy requirements. To protect confidentiality, only include critical individuals in discussions. Effective July 1, 2025, additional protections are available for workers when employers use immigration-related threats to discourage or retaliate against the usage of certain workplace rights. While Washington is an at-will employment state, employers cannot fire or retaliate against an employee who exercises a protected right or files a complaint under certain employment laws.

State law gives employees protection in the following areas: Depending on the situation, L&I will investigate your complaint or refer you to the appropriate agency. You may have additional rights against termination or retaliation under a collective bargaining agreement, in your employer’s policies, or under federal law. However, L&I does not have enforcement authority in these areas. At-will employment means that employers do not need to establish cause or give notice before firing an employee. That being said, it is against the law for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their protected rights.

In today’s workplace environment, avoiding wrongful termination lawsuits is crucial for both employees and employers. Employers should prioritize clear documentation of performance-related issues and maintain open lines of communication with employees. This proactive approach not only safeguards against legal disputes but also fosters a positive workplace culture. Understanding the legal landscape surrounding termination is essential. Employers must be aware of local labor laws and ensure that their practices align with these regulations to minimize the risk of litigation. By implementing fair and consistent policies, they can better protect their organizations from potential claims.

Training managers and HR personnel on best practices can further reduce risks. Equipping them with the tools to handle employee grievances effectively can prevent misunderstandings that may lead to costly lawsuits. Taking these steps is vital for maintaining a healthy work environment and ensuring legal compliance. Wrongful termination covers various illegal employment practices. It can happen when an employee is let go for discriminatory reasons or in violation of established laws or regulations. Recognizing what constitutes wrongful termination is crucial for both employees and employers.

Wrongful termination occurs when an employee is fired in violation of federal or state laws, contractual agreements, or public policy. Examples include dismissals based on discrimination due to race, gender, age, or religion. Additionally, it can apply when an employee is terminated for exercising legal rights, such as reporting illegal activities or filing for workers’ compensation. Federal and state agencies have laws about how and when employees can be fired. Follow these policies and your company guidelines to avoid wrongful termination claims. All states, except Montana, allow "at-will" employment.

This means that an employer or employee can end the employment at any time, for any reason. However, the reason for termination cannot be illegal. This includes: At-will employment may not apply to everyone. It does not include employees who work: These government resources can help you make sure you are following termination rules:

Ask a real person any government-related question for free. They will get you the answer or let you know where to find it. Fresno 559-421-7000Bakersfield 661-616-1360San Luis Obispo 805-296-5007Hanford 559-421-7000 Fresno559-421-7000Bakersfield661-616-1360San Luis Obispo805-296-5007Hanford559-421-7000 On Behalf of Sagaser, Watkins & Wieland PC | Oct 19, 2023 | Employment Law Anytime a company needs to let a worker go, the possibility of conflict looms large.

Even someone who dislikes their job and does not turn out their best work for a company will likely become angry over the unexpected inconvenience of losing their position. Sometimes, workers will take legal action against a former employer, claiming that they endured a wrongful termination. When workers can convince the courts that an employer violated California state employment laws and/or federal regulations, possibly through discrimination or retaliation, they could demand their old job back and/or possibly obtain financial compensation... Fresno 559-421-7000Bakersfield 661-616-1360San Luis Obispo 805-296-5007Hanford 559-421-7000 Fresno559-421-7000Bakersfield661-616-1360San Luis Obispo805-296-5007Hanford559-421-7000 On Behalf of Sagaser, Watkins & Wieland PC | Mar 20, 2025 | Employment Law

California has some of the strongest employee protections in the country. For that reason, employers must be careful when deciding to terminate someone. Knowing which employees belong to protected classes can help businesses avoid legal trouble. A protected class includes people with characteristics that federal and state laws shield from discrimination. These include race, religion, gender identity, medical conditions, and citizenship status. On Behalf of Sagaser, Watkins & Wieland PC | Jul 18, 2025 | Retaliation

In retaliation cases, the timing of an employee's complaint or protected activity and the employer's response plays a significant role. California law protects workers from facing adverse actions after they engage in protected activities, such as filing a... On Behalf of Sagaser, Watkins & Wieland PC | Apr 18, 2025 | Retaliation Layoffs happen for many reasons, but timing and context matter. When an employer lays someone off soon after a complaint or rights assertion, concerns often arise. California law protects workers from punishment for speaking up.

Understanding retaliation under... On Behalf of Sagaser, Watkins & Wieland PC | Jan 2, 2025 | Retaliation

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