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Common false reasons employers give during wrongful terminations

On Behalf of | Apr 29, 2025 | Employment Law |

Employees in California have strong legal protections against wrongful termination. Unfortunately, some employers try to cover up illegal firings by giving false reasons for letting someone go.

Understanding these tactics can help you recognize when your rights may have been violated. Here are some of the most common false reasons given by employers.

Poor performance

One of the most common false reasons is poor performance. An employer might suddenly claim you were not meeting expectations, even if you had positive reviews or no prior warnings. Often, the real reason is tied to protected characteristics like age, race, disability or pregnancy. California law makes it illegal to fire someone based on these factors.

Misconduct claims

Some employers will accuse an employee of violating a company policy or engaging in misconduct. These claims may be exaggerated, selectively enforced or entirely fabricated. In many cases, the real motive is retaliation for reporting harassment, requesting medical leave or standing up for your legal rights.

Job restructuring

Another tactic is claiming your position is being eliminated due to business needs. If the company later hires someone new for the same role or redistributes your duties to others, it could suggest that the firing was not legitimate. Employers may use restructuring as an excuse to remove employees for discriminatory reasons.

If you suspect your termination was really based on an illegal reason like a protected characteristic or because you exercised your legal rights as a whistleblower, you may have a wrongful termination case. Seeking legal guidance will give you a better idea of where you stand and help you protect your rights..

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