Employers facing wrongful termination claims have a variety of defenses available to justify their actions. Employees bringing wrongful termination claims must understand these defenses to effectively counter them. Contact our wrongful termination lawyers in Los Angeles for a free case review today.
At-Will Employment
One of the most frequently used defenses in Los Angeles wrongful termination claims is the concept of at-will employment. In California, the employment relationship is generally presumed to be at-will unless an employment contract specifies otherwise. This means that either the employer or the employee can terminate the employment relationship at any time, for any lawful reason, or for no reason at all.
Employers often argue that because the employee was at-will, they had the legal right to terminate them without providing a specific reason. However, while at-will employment offers employers flexibility, it does not protect them if the termination was based on discriminatory reasons, violated public policy, or breached an implied contract. Employees can counter the at-will defense by providing evidence of wrongful motives or pointing to implied agreements that suggest they were terminated without just cause.
Legitimate, Non-Discriminatory Reason for Termination
Employers may argue that the termination was based on a legitimate, non-discriminatory reason unrelated to the employee’s protected status. For example, they may say that the employee was terminated due to performance issues, misconduct, budget cuts, or other business needs. This defense is commonly used to counter discrimination-based wrongful termination claims.
To establish this defense, the employer must show evidence of the employee’s poor performance, behavior issues, or specific business reasons for the termination. Employees can counter this defense by demonstrating that the alleged reason was a pretext, or a cover, for discrimination or retaliation. For example, by showing that other employees in similar situations were not terminated.
Reduction in Force or Business Restructuring
Employers frequently cite reductions in force (RIF) or business restructuring as a reason for termination. When companies experience financial hardship or organizational changes, they may need to reduce their workforce, and these terminations are often seen as legitimate. However, if an employee claims wrongful termination in a RIF or restructuring situation, they may need to show that they were targeted unfairly. For instance, employees can strengthen their case by showing that they were the only person terminated or that they were terminated despite being in a high-performing position.
Violation of Company Policy
If an employee violated established company policies, the employer may use this as a defense in a wrongful termination claim. Employers have the right to terminate employees who violate policies, provided these policies are consistently enforced and properly documented. Employers might cite breaches of policies on attendance, conduct, workplace safety, or productivity. Employees can counter this defense by showing that the employer applied the policy inconsistently or only selectively enforced it as a pretext for discrimination or retaliation.
How a Los Angeles Wrongful Termination Lawyer Can Help
A Los Angeles wrongful termination attorney can help employees counter wrongful termination defenses. They will review the employer’s reasons, identify inconsistencies, and gather evidence, such as performance records or witness statements. An attorney will challenge pretextual claims like “poor performance” or selective policy enforcement, and if necessary, represent you in negotiations or court to secure fair compensation and justice. Contact our employment attorneys today for a free consultation.