Wrongful termination is not just a term—it’s a violation of your workplace rights, one that can leave employees feeling powerless, frustrated, and uncertain of their next steps. Unfortunately, when employees confront the injustice of being wrongfully terminated, employers often try to justify their decisions using misleading excuses. These excuses are carefully designed to deflect responsibility and discourage employees from seeking justice.
It’s important for California employees to know their rights and recognize when an employer’s reasoning is legally or ethically unsound. Here, we debunk some of the most common excuses employers use for wrongful termination and explain why they don’t hold up under the law.
Excuse 1: "We're an At-Will Employment Company, so We Can Fire Anyone at Any Time."
This is one of the most commonly misunderstood concepts in the workplace. California is indeed an at-will employment state, meaning employers can terminate employees without cause or notice. However, this does not mean they can do so for illegal reasons.
Even in an at-will employment setting, certain terminations are unlawful, including those based on:
- Discrimination (e.g., age, race, gender, religion, national origin, disability, or sexual orientation).
- Retaliation for reporting workplace violations or participating in protected activities.
- Violating public policy, such as firing an employee for refusing to commit an illegal act.
Know this: At-will employment does not give employers a free pass to act unlawfully. Employees still have the right to challenge wrongful termination in these situations.
Excuse 2: "Your Performance Wasn't Meeting Expectations."
Performance issues are among the most frequent justifications offered by employers to mask wrongful termination. Sudden claims of poor performance—particularly when an employee has no prior warnings, reviews, or documentation—should raise red flags.
If your supposed "performance issues" only came to light after you reported workplace misconduct, requested accommodations, or disclosed a pregnancy, this could indicate retaliation rather than a genuine business decision.
What to do: Request copies of your performance evaluations, documented feedback, and any improvement plans. These records can demonstrate whether claims of poor performance were legitimate or fabricated.
Excuse 3: "We Have to Downsize or Restructure."
Economic hardship and business restructuring are often cited as reasons for terminations. While it’s true that companies may need to make tough decisions during tough financial times, these reasons cannot be used as a pretext to target specific employees unlawfully.
For example, if you were the only employee laid off while others in similar roles were retained—or if you were targeted due to your age, gender, or another protected characteristic—your termination may still be wrongful, even during a restructuring.
Key tip: Pay attention to patterns. If layoffs disproportionately impact employees of certain demographics or those involved in protected activities, this could be evidence of discrimination or retaliation.
Excuse 4: "You Were Terminated Due to 'Company Culture Misalignment.'"
This excuse has grown increasingly popular in workplaces seeking to justify terminations without clear documentation. However, "cultural fit" can be vague and subjective, making it an easy cover for discrimination or retaliation.
For instance, terminating an employee for "not fitting in" after they reported harassment or requested accommodations for a disability is not only wrong—it’s illegal. Employers cannot disguise bias under the guise of culture-building or personality clashes.
Pro tip: If this excuse is given, ask your employer for specific examples of the "misalignment" and whether it was documented previously. Vague reasoning often lacks legal standing under scrutiny.
Excuse 5: "Your Position Was Eliminated."
Employers often claim an employee's position was eliminated to justify termination. However, if your duties are subsequently reassigned or your role is rehired by someone else, this reasoning doesn’t add up.
This excuse is frequently used to terminate employees who may be protected under state or federal laws (e.g., pregnant employees, whistleblowers, or older workers). California law requires that eliminations must be legitimate, not pretexts for wrongful terminations.
Your move: Document any changes in roles or responsibilities before and after your termination. If you notice your position is refilled or your tasks are still being performed, this could indicate the "elimination" was not genuine.
Why Employees Should Take Action
When faced with these excuses, many employees hesitate to take action out of fear or uncertainty. But standing up against wrongful termination is both your right and a critical step in holding employers accountable. By debunking these excuses and understanding your protections under California law, you can protect yourself from further injustice.
What to Do If You Were Wrongfully Terminated
If you suspect you were wrongfully terminated, take the following steps immediately:
- Gather Evidence: Keep records of performance reviews, termination letters, communications with your employer, and workplace incidents.
- Seek Legal Advice: Contact a California employment attorney experienced in wrongful termination cases who can evaluate your situation and help you build a case.
- File a Complaint: If applicable, file claims with agencies like the California Civil Rights Department (CRD) (formerly known as the California Department of Fair Employment and Housing) or the Equal Employment Opportunity Commission (EEOC).
You Deserve Advocacy
At Laurel Employment Law, we fight to protect California employees who’ve been wrongfully terminated. We believe that no one should feel powerless in the face of injustice. We’re here to guide you, advocate for you, and ensure your voice is heard. Together, we’ll work to restore your dignity and achieve the justice you deserve.
Reach out today (310) 929-6371 for a consultation with an experienced wrongful termination attorney to discuss your case.