Wrongful Termination in California

Being fired from a job can be devastating—financially, emotionally, and professionally. In California, most employment is considered “at-will,” which means employers can terminate employees at any time, with or without cause. But that doesn’t mean employers have unlimited power. When a firing violates state or federal laws, an employment contract, or public policy, it may qualify as wrongful termination.

In this guide, we’ll break down:

  • What qualifies as wrongful termination in California
  • How to recognize if your firing was unlawful
  • Steps to take if you believe you were wrongfully terminated
  • How to prove your case
  • Resources and tools to help you take action
Wrongful Termination

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for unlawful reasons, such as discrimination, harassment or retaliation. Although employers don’t need a reason to fire someone in an at-will employment state like California, they cannot terminate someone for reasons that violate laws, contracts, or public policies.

California Is an At-Will Employment State—But There Are Limits

California’s Labor Code § 2922 states that employment without a specific term may be terminated at the will of either party. But this at-will doctrine has several important exceptions:

  1. Discrimination
  2. Retaliation
  3. Violation of Public Policy
  4. Constructive Discharge
  5. Fraud or Misrepresentation
  6. Protected Leaves and Activities

Discriminatory Termination

It is unlawful to fire an employee based on:

  • Race
  • Gender
  • Age (over 40)
  • National origin
  • Disability
  • Sexual orientation
  • Religion
  • Gender identity
  • Pregnancy or childbirth
  • Medical conditions
  • Marital status

These protections are provided under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964.

Retaliatory Termination

California law protects employees who report unlawful conduct, discrimination, harassment, wage and hour violations, or unsafe working conditions. If you were fired for:

  • Reporting illegal activity (whistleblowing), including but not limited to complaints about discrimination, harassment, wage and hour violations, unsafe workplace conditions and the like
  • Filing a complaint with HR or a government agency
  • Participating in a workplace investigation
  • Requesting accommodations or medical leave

…your termination may be retaliatory, and therefore unlawful.

Termination in Violation of Public Policy

If your firing violates a public policy—such as refusing to engage in illegal activity, engaging in protected activities, serving jury duty, or taking time off to vote—you may have a wrongful termination in violation of a public policy claim.

Examples include:

  • Firing someone for reporting harassment
  • Terminating an employee for filing a workers’ compensation claim
  • Letting someone go for refusing to break the law

Constructive Discharge: When Quitting Is Really Being Forced Out

Sometimes a work environment becomes so hostile, unsafe, or intolerable that a reasonable person would feel forced to resign. This is called constructive discharge, and it can also be considered wrongful termination.

Common causes:

  • Harassment or bullying by supervisors
  • Unsafe working conditions
  • Demotion or pay cuts without cause
  • Discrimination that goes unaddressed

To prove constructive discharge, you must show that the employer created or allowed intolerable working conditions and you had no reasonable alternative but to quit.

Protected Leave and Termination

California and federal laws protect your right to take leave for medical reasons, family emergencies, or pregnancy. You may have been wrongfully terminated if you were fired after taking—or requesting:

  • Family and Medical Leave (FMLA/CFRA)
  • Pregnancy Disability Leave
  • Paid Sick Leave
  • Military leave

How to Prove Wrongful Termination in California

To successfully bring a wrongful termination claim, you must prove that your termination violated the law, a contract, or public policy. Here’s how:

1. Gather Documentation

Collect any and all evidence that supports your claim, such as:

  • Employment contracts
  • Offer letters
  • Performance reviews
  • Emails, texts, or written warnings
  • HR complaints or responses

Keep a timeline of incidents, especially if retaliation or discrimination occurred over time.

2. Consult an Employment Attorney

Wrongful termination cases are complex. An experienced employment lawyer can help you:

  • Evaluate whether you have a case
  • Gather and preserve evidence
  • Negotiate a settlement or severance
  • File a civil lawsuit if necessary
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Deadlines Matter: Know the Statute of Limitations

Different wrongful termination claims have different deadlines. So have in mind that there are statutes of limitations which may run in due time. If such statutes expire, you may lose valuable rights. Therefore, you should take steps immediately to contact an attorney to preserve the rights you may have.

Can I Sue My Employer for Wrongful Termination?

Yes. If you can prove your termination was unlawful, you may be entitled to compensation for:

  • Lost wages and benefits
  • Emotional distress
  • Punitive damages
  • Legal fees

Many wrongful termination cases settle before trial, and having strong documentation and legal representation can help you maximize your claim.

Sample Checklist: Was I Wrongfully Terminated?

  • I was fired shortly after reporting misconduct or unsafe conditions
  • I was let go after requesting a protected leave
  • I was targeted based on race, gender, age, or another protected class
  • I was forced to quit due to intolerable working conditions

If you checked one or more, you may have a wrongful termination claim.

Need Legal Help?

While at-will employment gives companies a lot of flexibility, it does not give them the right to fire you for unlawful reasons. If you believe you were wrongfully terminated in California, the law is on your side—but it’s critical to act quickly, gather evidence, and consult with a knowledgeable attorney.

Your job is your livelihood, and no one has the right to take that from you unlawfully.

Contact Us

If you think you were wrongfully terminated, don’t wait. Contact Derderian Law to protect your rights and explore your options. We offer free consultations and work on a contingency fee basis, meaning we only get paid attorney fees if you win.

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