Take action and protect your rights when you are unlawfully terminated in California.
What is Unlawful Termination for Health Care Employees?
Health care workers in California shoulder enormous responsibility, from patient care to regulatory compliance. When a hospital, clinic, medical group, or health system fires someone in a way that violates state or federal law, the termination can be unlawful. This includes situations where an employer ignores whistleblower protections, retaliates after a worker reports unsafe practices, or violates rights tied to patient safety, staffing ratios, or protected medical leave.
Unlawful termination in the health care field can involve:
- Termination linked to discrimination or harassment
- Retaliation for reporting patient safety violations, understaffing, or unsafe working conditions
- Firing after objecting to unlawful practices such as improper charting, upcoding, or Medicare fraud
- Terminating an employee for exercising rights described in the employee handbook or collective bargaining agreement
- Resignation that functions as constructive discharge due to intolerable conditions
- Violations of an implied contract created through employer policies or conduct
- Retaliation for taking protected medical leave or requesting accommodations through HR or employee health
- Employer conduct that falls within California wrongful termination cases
California is an at-will employment state, but healthcare employees cannot be dismissed for reasons that break the law. Even after a firing, you can still seek relief if your termination followed protected activity or targeted a protected characteristic. The Law Office of Fahim Rahman can evaluate your facts and help determine whether they support an unlawful termination claim.
Discrimination Claims for Unlawful Termination
California health care workers are protected from termination based on discrimination. Hospitals, clinics, long-term care facilities, and medical groups cannot fire someone because of race, gender, age, religion, disability, sexual orientation, gender identity, pregnancy, or other protected traits. These protections apply across all health care roles, including nurses, medical assistants, physicians, technicians, therapists, lab staff, front desk personnel, and administrative support.
Discriminatory motives can influence a firing when an employee is treated differently in scheduling, discipline, evaluations, or advancement. In the health care environment, these issues often surface in decisions about shifts, patient assignments, credentialing, call responsibilities, or performance reviews.
If you believe discrimination contributed to your dismissal, an attorney can help you understand which laws protect you and what next steps are available. The Law Office of Fahim Rahman supports healthcare employees who experience unlawful discrimination that leads to termination.
Constructive Discharge
Examples of Constructive Discharge for Health Care Employees
- Ongoing harassment, hostility, or targeted mistreatment by supervisors or charge nurses
- Repeated write-ups, unfair discipline, or sudden shifts in performance expectations
- Unsafe patient assignments or workloads that violate California staffing laws
- Pressure to falsify charting, ignore medical protocols, or participate in billing misconduct
- Unreasonable productivity demands, including impossible patient quotas
- Public criticism tied to a protected characteristic or following a protected report
Requirements For a Constructive Discharge Claim
- The employee resigned because conditions had become intolerable
- The employer knew about the environment or ignored complaints
Constructive Discharge Under California At-Will Employment
Even at-will health care workers can pursue a constructive discharge claim:- The resignation must stem from unlawful conduct such as retaliation for reporting unsafe patient conditions, discrimination under FEHA, or refusal to participate in acts that violate public policy
What To Do If You Have Been Unlawfully Terminated
If you suspect unlawful termination, the time to speak with a California attorney is now. The Law Office of Fahim Rahman has extensive experience representing employees and achieving favorable results across many types of wrongful termination cases.
To protect your claim and preserve your rights, keep the following steps in mind.
Act Fast, Act Now
Timing matters. Filing deadlines, internal reporting requirements, and agency processes can move quickly. Speaking with an attorney early helps you maintain your ability to pursue a claim.
In California, most wrongful termination lawsuits must be filed within two years, though certain discrimination claims follow different timelines. Acting promptly helps avoid missed deadlines.
Collect Evidence
Health care cases often revolve around documentation. Performance reviews, emails, text messages, shift assignments, staffing reports, incident logs, patient safety complaints, credentialing notes, HR correspondence, and witness accounts can all help clarify what happened.
Gather anything linked to your firing or the events leading up to it. Keep it organized, store copies, and avoid altering or discarding documents. A clear record places you in a stronger position when speaking with an attorney.
Fight for What You Deserve
Unlawful termination cases in the health care field can be complex, especially when medical protocols, patient safety rules, or regulatory standards are involved. A skilled law firm like the Law Office of Fahim Rahman can guide you through each step and help you pursue compensation for lost wages, lost benefits, emotional distress, and other damages. Some cases may also qualify for punitive damages depending on the employer’s conduct.
Your career, your license, and your reputation matter. Consider reaching out for a free consultation to discuss the next steps.
Frequently Asked Questions
Can my hospital or clinic fire me even if I have an employment contract?
California allows written contracts to outline job duties, termination procedures, and notice requirements. When a health care employer ignores those terms, the firing can violate California employment laws or breach the contract.
Does the employee handbook protect me from being wrongfully fired?
An employee handbook can support your claim when it contains clear policies on discipline, reporting concerns, or anti-retaliation rules. Courts sometimes consider whether a hospital or medical group failed to follow its own procedures before deciding to terminate someone.
What is an implied contract, and can it apply in a medical setting?
An implied contract can arise from long-term employment, consistent schedules, strong performance reviews, or statements that suggest job security. In California health care workplaces, these patterns can limit an employer’s ability to terminate employees without a legitimate reason.
Do I need an employment lawyer to understand whether my termination was unlawful?
An experienced employment lawyer can review the facts, assess whether your firing involved discrimination, retaliation, or a violation of patient-safety protections, and explain what legal options you have under California law.
Can at-will health care employees still bring an unlawful termination claim?
Absolutely. Even at-will workers can sue if the firing was based on discrimination, retaliation for reporting unsafe practices, whistleblowing, or refusing to take part in unlawful conduct.
Can my employer fire me for taking jury duty or medical leave?
No. California protects employees who serve on jury duty or take protected medical or family leave they qualify for, and healthcare employers cannot retaliate or fire someone for using these rights.
What should I do if I believe my termination violated California law?
Write down what happened, keep emails or written instructions, save schedules or write-ups, and reach out to an attorney quickly. Early action helps preserve deadlines and strengthens your ability to move your case forward.