Remote Workers in California: Know Your Legal Rights
Understanding Wrongful Termination and Employee Protections for Remote Workers
Remote Work After COVID: A New Norm in California Employment
Since the onset of the COVID-19 pandemic in March 2020, remote work has become a widespread reality for employees across California and the U.S. Even though most social distancing requirements have been lifted, many California workers prefer to continue working remotely.
But what happens when employers demand a return to in-person work? Can California employers legally terminate remote workers who refuse to return to the office? What rights do remote employees have when it comes to wrongful termination or discrimination?
California Law Protects Remote Workers—Just Like On-Site Employees
Under California law, remote workers are entitled to the same employment protections as employees who work in person. These include but are not limited to:
- Protection against wrongful termination
- Protection against discrimination (race, religion, disability, age, etc.)
- Protection for whistleblowers and those who report misconduct
- Legally mandated meal and rest breaks
- Reimbursement for business expenses
- Paid time off, sick leave, and overtime pay
Employers cannot terminate an employee—remote or otherwise—for unlawful or discriminatory reasons.
When Is a Remote Termination Unlawful in California?
Determining whether a remote employee was wrongfully terminated requires analyzing several key factors:
1. Employment Contracts and At-Will Employment
In California, most employment is at-will, meaning employers can terminate employees for any reason not prohibited by law. However, if a contract or telecommuting agreement exists, it could impact the legality of a termination.
2. Employee Handbooks or Remote Work Policies
Sometimes company manuals or policies may outline expectations or procedures regarding remote work or terminations.
3. Protected Reasons for Refusing In-Person Work
Employees who decline to return to in-person work due to protected grounds, such as disability, medical condition, or religious reason, may have protection under California and federal anti-discrimination laws.
4. Administrative Complaints
Remote workers who fall within a protected class may need to file an administrative complaint with the California Civil Rights Department (formerly DFEH)and obtain a right to sue prior to filing a lawsuit.
Do I Have a Wrongful Termination Case as a Remote Worker in California?
To prevail on a wrongful termination, claim under California law, a remote worker must generally prove:
- They are a member of a protected class (e.g., race, disability, religion, etc.)
- They were qualified for their position
- They suffered an adverse employment action
- The actions were a substantial factor in causing harm and
- Others outside their protected class were treated more favorably
What Are the Legal Remedies for Wrongful Termination in California?
If successful, a remote worker in California may be entitled to:
- Reinstatement
- Back pay and benefits
- Compensatory damages
- Attorney’s fees and court costs
Speak with a California Employment Law Attorney Today
At The Law Offices of Ali Taheripour, we understand how frustrating it can be to face wrongful termination—especially as a remote employee. Our team is dedicated to defending your rights and obtaining fair compensation under the law. Contact us today for a consultation.