California workers are often told they’re “at-will” employees — meaning their employer can fire them at any time, for almost any reason. But “almost” is the key word. At-will employment doesn’t give employers the right to violate the law or public policy. When a termination crosses that line, it becomes wrongful termination — and the employee has legal recourse.
At Employees First Labor Law (EFLL), we help workers understand the difference and fight back when their rights are violated.
What Is At-Will Employment in California?
In California, most employment relationships are “at-will” by default. Under Labor Code § 2922, either the employer or the employee can end the relationship at any time, with or without cause, and with or without notice.
That means your boss doesn’t need a reason to let you go — but they cannot use an illegal reason. For example, firing someone because they made a complaint, took protected leave, or belong to a protected class violates state and federal law.
Examples of Lawful At-Will Termination
- A company restructures or eliminates a department.
- An employer decides to replace a team member for performance reasons.
- A worker resigns without giving notice.
These situations are generally legal under at-will employment.
When “At-Will” Becomes Wrongful Termination
A wrongful termination occurs when an employee is fired for an illegal reason — one that violates a statute, contract, or public policy. At-will status doesn’t protect an employer from these claims.
Common Examples of Wrongful Termination
- Retaliation: You complained about discrimination, harassment, unpaid wages, or unsafe working conditions — and were fired in response.
- Discrimination: You were terminated because of your race, gender, age, disability, pregnancy, religion, or another protected category under the FEHA (Fair Employment and Housing Act).
- Whistleblower Retaliation: You reported illegal conduct or refused to participate in it.
- Violation of Public Policy: You were terminated for doing something the law requires (like serving on a jury) or refusing to do something illegal.
- Breach of Contract: You had an employment agreement — written or implied — that limited your employer’s right to terminate you.
Wrongful termination claims often overlap with retaliation, discrimination, or whistleblower claims, and they can result in substantial damages, including lost wages, emotional distress, and punitive damages.
Proving a Wrongful Termination Claim
To prove a wrongful termination, an employee must show:
- Employment Relationship: You were an employee, not an independent contractor.
- Adverse Action: You were fired, laid off, or constructively terminated (forced to resign).
- Protected Activity or Characteristic: You engaged in legally protected conduct or belong to a protected class.
- Causal Link: The termination was motivated — even in part — by an illegal reason.
Evidence often includes emails, texts, performance reviews, witness statements, and the timing of the termination.
What Damages Can You Recover?
If you prove wrongful termination, you may be entitled to compensation for:
- Lost wages and benefits
- Future lost earnings
- Emotional distress
- Attorney’s fees and costs
- Punitive damages (in cases of malice or oppression)
In some cases, reinstatement to your former position may also be an option.
How EFLL Protects California Workers
At Employees First Labor Law, we represent workers who have been wrongfully terminated, retaliated against, or discriminated against. Our attorneys know the tactics employers use to disguise illegal terminations as “at-will” decisions — and we know how to expose the truth.
We handle every case with the same mission: to put employees first — always.
If You Were Fired, Don’t Assume It Was Legal
If you were recently terminated, don’t take your employer’s word that it was “at-will.” Contact our team for a free, confidential consultation. We’ll review the facts, explain your rights, and help you determine whether your firing was wrongful under California law.
Contact Us Today
We represent employees who are ready to fight back. Call now or schedule a confidential consultation.
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