Exclusively for workers
California Wrongful Termination Lawyers
They handed you a box. What’s in it can show why.
For California workers who were fired, laid off or forced to quit and believe the real reason was illegal. California is an at-will state, so an employer doesn’t need a good reason. It may never use an illegal one.
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Fired, laid off or pushed out, and the reason doesn’t add up.
Being treated unfairly isn’t always illegal. What matters is why you were let go. These situations are often worth a closer look.
- Fired soon after you complained about harassment, discrimination, unpaid wages or safety. Fired after complaining to HR
- Let go after a medical leave, a pregnancy or a work injury, or soon after you came back.
- Fired after asking for an accommodation, like light duty, a schedule change or time off for treatment.
- Replaced by someone younger, or by someone of a different race, sex or background.
- Fired for refusing to do something illegal, like signing off on false records or skipping a safety rule.
- Fired after reporting safety problems, wage violations or fraud, inside the company or to an agency.
- “Performance problems” that appeared only after you spoke up, such as a sudden write-up or a performance improvement plan.
- Pushed until you had no real choice but to quit.
- Fired despite a promise that you’d only be let go for good cause.
- Told “California is at-will. We don’t need a reason.” That’s true, until the real reason is an illegal one.
The law in plain English
At will — with exceptions.
It’s the phrase employers lean on when they let someone go. It isn’t the whole sentence.
Under California law, most jobs areLabor Code § 2922
“An employment, having no specified term, may be terminated at the will of either party on notice to the other.”
That one sentence is why California is called an “at-will” state. Unless you have a contract that says otherwise, your employer can let you go for a good reason, a bad reason or no reason at all.
But never for an illegal reason.
Unfair isn’t always illegal. What matters is why you were fired — and whether the real reason is one the law forbids. Here are the exceptions where most wrongful termination cases live. Each one names the law behind it.
The illegal reason doesn’t have to be the only reason. For most of these claims it has to be a substantial motivating reason — more than a remote or trivial one (CACI 2500, 2507, 2430).
The exceptions
Eight fractures in “at will”Discrimination
Gov. Code § 12940(a) · CACI 2500, 2507California’s Fair Employment and Housing Act (FEHA) makes it illegal for an employer with five or more employees to fire you because of who you are.
That means race (including hair texture and protective hairstyles), color, religion, national origin, ancestry, sex or gender (including pregnancy, childbirth and breastfeeding), gender identity, gender expression, sexual orientation, marital status, age (40 and over), physical or mental disability, medical condition, genetic information, reproductive health decisionmaking, or military or veteran status.
Being replaced by someone outside your group, or treated differently from co-workers who did the same thing, is often where the evidence starts.
Retaliation
Gov. Code § 12940(h) · Lab. Code § 98.6It’s illegal to fire you for opposing discrimination or harassment, filing a complaint, testifying, or helping with an investigation.
It’s also illegal to fire you for complaining that you’re owed wages, filing a claim with the Labor Commissioner, or using other rights the Labor Code gives you. For many Labor Code retaliation claims, such as complaints about unpaid wages, a firing within 90 days of the complaint is presumed retaliatory unless the employer shows a legitimate reason.
Retaliation claimsFired after complaining to HRPut on a PIP?
Whistleblowing
Lab. Code §§ 1102.5, 1102.6, 6310California protects you when you report what you reasonably believe is a violation of a state or federal law or regulation — to a government agency, to law enforcement, or to a supervisor or someone with authority to investigate. You’re protected even if your employer only believes you reported, or might.
Safety complaints are protected too, whether you make them to Cal/OSHA, another agency or your employer. Once you show your report was a contributing factor in the firing, the employer must prove by clear and convincing evidence that it would have fired you anyway for legitimate, independent reasons.
Protected leave
Gov. Code §§ 12945.2 (CFRA), 12945 (PDL) · Lab. Code § 246.5You can’t be fired for taking protected family or medical leave, or pregnancy disability leave.
Under the California Family Rights Act, eligible workers at employers with five or more employees can take up to 12 weeks — generally once you’ve worked there more than 12 months and at least 1,250 hours in the past year. Pregnancy disability leave allows up to four months while you’re disabled by pregnancy, with no minimum time on the job. When protected leave ends, you generally have the right to return to the same or a comparable job.
Using paid sick leave you’ve earned, for a reason the law covers, is protected too (Labor Code § 246.5).
Accommodation
Gov. Code § 12940(m), (n) · Lab. Code § 132aIf you have a disability, your employer must make a reasonable accommodation and take part in a timely, good-faith conversation with you about what would work — the “interactive process.” It can’t fire you for asking, whether or not the request was granted.
Fired after a work injury or a workers’ comp claim? There are two tracks: a Labor Code § 132a petition at the Workers’ Compensation Appeals Board, generally within one year, and a separate civil case under California’s disability and wrongful-termination laws.
Reasonable accommodationsWorkers’ comp retaliationWorkers’ compensation
Public policy
CACI 2430 · Gov. Code § 12945.8 · Mil. & Vet. Code § 394Even without a contract, you can’t be fired for a reason that violates a fundamental public policy found in California’s constitution or statutes.
For example: refusing to break the law; reporting a violation; serving on a jury or appearing in court as a subpoenaed witness; taking the time off to vote that state law allows (Elections Code § 14000); serving in the military; or filing a workers’ comp claim. The protected reason has to be a substantial motivating reason for the firing.
Broken promises
Lab. Code § 2922 · CACI 2403“At will” is a presumption, not the last word. A written contract for a set term, or a promise — in your employer’s words, policies or practices — that you’d be let go only for good cause, can limit an at-will firing.
Be realistic about this one: long service, raises and promotions usually aren’t enough by themselves, and a signed at-will agreement usually controls. Contract claims generally recover economic losses such as lost pay.
Forced to quit
CACI 2510Some people pack the box themselves.
If your employer made conditions so intolerable that a reasonable person in your position would have felt there was no choice but to resign — and created those conditions, or knew about them and let them continue — the law can treat your resignation as a firing.
It usually takes a continuing pattern or seriously aggravated conditions, not one bad day. If you’re still employed, talk to a lawyer before you resign.
The evidence
The real reason is often in the box.
Employers rarely say the real reason out loud, and you don’t need a confession. Cases are built from the record: the timing, reasons that shift, good reviews before and write-ups after, how co-workers were treated, what the decision-makers said, and steps the employer skipped.
For most claims, the evidence has to show the illegal reason was a substantial motivating reason for the firing. In a whistleblower case it’s a contributing factor, and then the employer must prove by clear and convincing evidence that it would have fired you anyway (Labor Code § 1102.6).
Unpack the box
Six things people carry out on their last day, and what each one can show.
Scroll to lift each one out, or choose it below.Tap an item to lift it out. Each has a tag: what it can show, and where it fits in the law.
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Exhibit 1Timing
The calendar page
What it can showHow close together things happened. A firing that follows soon after a complaint, a report or a leave request can be evidence that one led to the other. Timing alone rarely wins a case, but it is often where one starts.
Where it fitsTiming is often the first sign of retaliation, whistleblower retaliation or a firing over protected leave. For some complaints, the law even presumes it (Exception 02).
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Exhibit 2Pretext
The performance review
What it can showThat the reason they gave may not be the real one. Strong reviews before you spoke up and sudden “problems” after, explanations that keep changing, rules enforced only against you: these can show the stated reason is a pretext, a cover for an illegal one.
Where it fitsPretext evidence is how the real reason gets shown, whichever exception applies. It’s why your old reviews matter.
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Exhibit 3Retaliation
The text that started it
What it can showThat you reported a problem or refused to go along with one, and that your employer knew. Messages are dated, and hard to deny. Keep only messages you lawfully have, like texts on your own phone.
Where it fitsReporting what you reasonably believe is a violation, or refusing to take part in one, is protected.
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Exhibit 4Discrimination
The nameplate
What it can showWhose name is on the desk now. Being replaced by someone younger or outside your group, or punished for things others got away with, can be evidence of discrimination.
Where it fitsBeing replaced by someone outside your group, or punished for what others got away with, is classic evidence of discrimination.
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Exhibit 5Leave & accommodation
The ID badge
What it can showWhen your access ended, compared with when you took medical, pregnancy or family leave, came back with restrictions, or asked for an accommodation.
Where it fitsProtected leave, a request for an accommodation, and a work injury claim each have their own protection.
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Exhibit 6Final pay & severance
The termination letter
What it can showThe reason they put in writing, to compare with everything else in the box, and whether you were paid everything you were owed, on time.
Where it fitsYour final pay is due immediately, and a severance release usually gives up your claims. Both are just below the box.
On the way out
Your final paycheck
If you’re fired or laid off, all your final wages, including accrued vacation, are due immediately, on your last day. If an employer willfully pays late, it can owe a penalty of up to 30 days of your wages. You shouldn’t have to sign anything to get wages you’ve already earned.
Labor Code §§ 201, 203, 206.5, 227.3Before you sign severance
Don’t sign a severance agreement before it’s reviewed. It usually gives up your claims. California requires the employer to tell you that you can talk to a lawyer and give you at least five business days to do it. If you’re 40 or older, federal law generally gives you 21 days to consider it and 7 days to change your mind after signing. A layoff can still be wrongful if the real reason was illegal.
Gov. Code § 12964.5 · 29 U.S.C. § 626(f)Unemployment
Being fired usually doesn’t disqualify you from unemployment. The EDD denies benefits only for misconduct, and the employer has to prove it. Poor performance or an honest mistake generally isn’t misconduct. Apply right away; the EDD decides each claim.
Unemp. Ins. Code § 1256Deadlines differ by claim
Some are as short as one year and some are disputed, so the safest deadline is the earliest one. Don’t wait.
| Claim | Deadline | Law |
|---|---|---|
| Discrimination, retaliation, leave or accommodation (FEHA, CFRA, PDL) | 3 years to file with the Civil Rights Department, then 1 year to sue after the right-to-sue notice | Gov. Code §§ 12960(e), 12965(c) |
| Retaliation complaint to the Labor Commissioner | 1 year | Labor Code § 98.7 |
| Whistleblower lawsuit | Often treated as 3 years; some courts have applied 1 year. File early. | Labor Code § 1102.5 |
| Wrongful termination in violation of public policy | Generally 2 years | Code Civ. Proc. § 335.1 |
| Breach of contract | 4 years if written; 2 years if oral or implied | Code Civ. Proc. §§ 337, 339 |
| Firing over a workers’ comp claim | 1 year, at the Workers’ Compensation Appeals Board | Labor Code § 132a |
Government employers can have much shorter claim deadlines. How a CRD complaint and right-to-sue notice work
What you can recover
The box holds your things. The case is about what you lost.
What’s available depends on the claim and the facts. Every case is different, and no outcome can be promised. Depending on the claim, the law allows:
Lost wages and benefits
Back pay for what you lost after the firing, and front pay for future lost earnings when going back isn’t realistic.
Emotional distress
Damages for the stress, anxiety and humiliation an illegal firing causes, in discrimination, retaliation and public-policy claims.
Punitive damages, in some cases
Where the employer acted with malice, oppression or fraud, proven by clear and convincing evidence (Civil Code § 3294).
Attorney’s fees and costs
Where a statute allows them, as FEHA does (Gov. Code § 12965(c)) and the whistleblower law does (Labor Code § 1102.5(j)).
Penalties, where they apply
Waiting-time penalties for a late final paycheck (Labor Code § 203), and in some whistleblower and wage-retaliation cases a civil penalty of up to $10,000 per violation that goes to you (§§ 1102.5(f), 98.6).
We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
What to gather
Pack these before the details fade.
You don’t need all of it to call us. Start with what you have, and write down what you remember while it’s fresh.
Keep only copies you lawfully have: your own messages, papers you were given, documents you were allowed to keep. Don’t take confidential company files or log in to work systems after your access ends.
Once we take your case, you can upload all of it in your client app, and we’ll go through it with you.
Results
Results in wrongful termination cases
- $5,150,000SettlementWork Injury & Wrongful Termination
- $2,650,000SettlementWhistleblower Retaliation & Wrongful Termination
- $2,187,500SettlementWorkplace Injury & Wrongful Termination
- $1,950,000SettlementPregnancy Discrimination & Wrongful Termination
- $1,950,000SettlementSexual Harassment & Wrongful Termination
- $1,750,000SettlementSexual Harassment & Wrongful Termination
- $1,200,000SettlementDisability Discrimination & Wrongful Termination
- $950,000SettlementPregnancy Discrimination & Wrongful Termination
Prior results do not guarantee a similar outcome.
Questions
Wrongful termination, answered.
What counts as wrongful termination in California?
Being fired for an illegal reason: discrimination, retaliation for speaking up or reporting, taking protected leave or asking for an accommodation, a reason that violates public policy, or breaking a contract or a promise of job security. Being forced to quit by intolerable conditions can count too. Being treated unfairly isn’t always illegal. What matters is why you were fired.
Can I be fired for no reason in California?
Usually, yes. California presumes employment is at will (Labor Code § 2922), so unless a contract or promise limits it, an employer can fire you for a good reason, a bad reason or no reason. It can’t fire you for an illegal reason, and “no reason given” can hide an illegal one.
How long do I have to sue for wrongful termination?
It depends on the claim. For most discrimination, retaliation and leave claims under California law, you generally have three years to file with the Civil Rights Department, then one year to sue after a right-to-sue notice. A retaliation complaint to the Labor Commissioner generally must be filed within one year. A public-policy wrongful termination lawsuit is generally two years; breach of a written contract four years, and an oral or implied one two years. Some deadlines are shorter and some are disputed, so don’t wait.
Can I sue if I was forced to quit?
Possibly. If your employer created or knowingly allowed conditions so intolerable that a reasonable person in your position would have felt there was no choice but to resign, the law can treat your resignation as a firing. That’s called constructive discharge. You still need an underlying legal wrong, such as discrimination, retaliation, a public-policy violation or a broken contract. If you’re still employed, talk to a lawyer before you resign.
Should I sign a severance agreement?
Not before it’s reviewed. Signing usually gives up your claims. California requires the employer to tell you that you can talk to a lawyer and to give you at least five business days to do it (Gov. Code § 12964.5). If you’re 40 or older, federal law generally gives you 21 days to consider it and 7 days to change your mind after signing. You shouldn’t have to sign anything to get wages you’ve already earned.
How much is a wrongful termination case worth?
No one can honestly say before reviewing the facts. Value usually depends on your lost pay and benefits, how long it takes to find comparable work, the emotional harm, the strength of the evidence, and whether attorney’s fees, penalties or punitive damages apply. Every case is different, and no outcome can be promised.
Do I need proof I was fired for an illegal reason?
You need evidence, not a confession. Employers rarely admit an illegal reason. Cases are usually built from timing, documents, performance reviews, how others were treated, witnesses and explanations that don’t hold together. The illegal reason has to be a substantial motivating reason for the firing, not the only one; in a whistleblower case, a contributing factor.
Can I get unemployment if I was fired?
Usually being fired doesn’t disqualify you. The EDD denies benefits for misconduct, and the employer has to prove it. Poor performance or an honest mistake generally isn’t misconduct. Apply right away; the EDD decides each claim. More on unemployment after being fired.
Related
More on what happened to you
- Retaliation ClaimsFired for complaining or speaking up
- Workplace DiscriminationRace, sex, age, disability and more
- Constructive DischargePushed until you had to quit
- Whistleblower RetaliationReported a violation, then let go
- Severance & LayoffsBefore you sign anything
- Final Paycheck PenaltiesPaid late, or not in full
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Bring the box. We’ll go through it with you.
Tell us what happened and when. We’ll tell you what the law says about it, and what we’d do next. Exclusively for workers.
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