California wrongful termination lawyers

What makes a firing "wrongful" in California

Most California employment is at-will under Labor Code § 2922. An employer can usually end the relationship without a reason and without notice. What an employer cannot do is fire someone for a reason the law forbids. When it does, the termination is wrongful, and the employee can sue for lost pay, emotional distress, and in some cases punitive damages and attorney fees.

A termination is generally wrongful when it falls into one or more of these categories:

• Discrimination. The decision was motivated, even in part, by race, color, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, pregnancy, age (40+), disability, medical condition, genetic information, marital status, military or veteran status, or another characteristic protected by the Fair Employment and Housing Act (FEHA, Gov. Code § 12940).
• Retaliation. You were fired for doing something the law protects: complaining about discrimination or harassment, reporting a legal violation (Labor Code § 1102.5), raising a safety concern (Labor Code § 6310), asking about or complaining about wages (Labor Code § 98.6), or requesting an accommodation or medical leave.
• Violation of public policy. Under Tameny v. Atlantic Richfield Co. (1980), California recognizes a claim when an employee is fired for refusing to break the law, performing a legal duty (like jury service), exercising a legal right, or reporting a matter of public importance.
• Breach of contract. A written contract, an offer letter, or a handbook promising termination only "for cause" can override at-will status. Courts also recognize implied contracts built from years of service, promotions, assurances of job security, and company policies (Foley v. Interactive Data Corp.; Guz v. Bechtel National, Inc.).
• Leave and accommodation violations. Firing someone for taking, requesting, or needing protected medical, family, pregnancy, or military leave.

Firings that California law specifically forbids

Beyond the broad categories above, the Labor Code and other statutes protect specific activities. An employer generally may not fire you for:

• Serving on a jury or appearing in court as a witness (Labor Code § 230)
• Taking time off to vote (Elections Code § 14000)
• Being a victim of domestic violence, sexual assault, or stalking and taking time off to deal with it (Labor Code § 230 and Gov. Code § 12945.8)
• Military service or reserve duty (USERRA and Military & Veterans Code § 394)
• Filing a workers' compensation claim or being injured on the job (Labor Code § 132a, together with FEHA disability protections)
• Discussing or disclosing your own wages, or asking about coworkers' pay (Labor Code § 232 and § 1197.5)
• Engaging in lawful off-duty political activity or lawful conduct away from work (Labor Code §§ 96(k), 1101–1102)
• Using paid sick leave you've earned (Labor Code § 246.5)
• Refusing to work in conditions that pose a real and imminent danger (Labor Code § 6311)
• Taking bereavement or reproductive loss leave (Gov. Code §§ 12945.6, 12945.7)

Federal laws such as Title VII, the ADA, the ADEA, the FMLA, and the National Labor Relations Act can add further protection, especially for employees of larger companies.

You may have a claim even if you quit

Some employers try to avoid a firing by making the job unbearable. California recognizes constructive discharge when an employer knowingly creates or allows working conditions so intolerable or aggravated that a reasonable person would feel forced to resign (Turner v. Anheuser-Busch, Inc., 1994). If that's what happened, the law treats the resignation like a termination.

Constructive discharge claims are fact-heavy. Courts look for conditions that are serious or continuous, not a single bad review or a tense relationship with a manager. Examples include sustained harassment that management refuses to stop, a drastic demotion and pay cut meant to humiliate, or being ordered to break the law as a condition of keeping your job. If you are thinking about quitting because of how you're being treated, talk to a lawyer before you resign. How you document the problem and how you leave can matter a great deal.

How wrongful termination is proven

Employers rarely admit an illegal motive. Most cases are built with circumstantial evidence showing that the official reason for the firing doesn't hold up. Common evidence includes:

• Timing. A firing soon after a complaint, a medical disclosure, a leave request, or a pregnancy announcement. Since 2024, California presumes retaliation when an employer takes adverse action within 90 days of certain protected complaints about wages and whistleblowing (Labor Code §§ 98.6, 1102.5).
• Shifting explanations. Different reasons given to you, to HR, to the unemployment office, and later in litigation.
• A good track record. Strong reviews, raises, bonuses, or praise right up until the protected event.
• Unequal treatment. Coworkers outside your protected group, or who didn't complain, kept their jobs after doing the same thing you were "fired for."
• Policy deviations. Skipping progressive discipline, investigations, or procedures the company normally follows.
• Comments and documents. Remarks about age, health, family plans, or your complaint; emails or texts discussing the decision.

Under FEHA, the employee wins by showing the protected characteristic or activity was a substantial motivating reason for the firing. It doesn't need to be the only reason (Harris v. City of Santa Monica, 2013). In whistleblower cases under § 1102.5, once the employee shows protected activity was a contributing factor, the burden shifts to the employer to prove by clear and convincing evidence that it would have made the same decision anyway (Lawson v. PPG Architectural Finishes, 2022).

What you can recover

Depending on the claims involved, a wrongfully terminated employee in California may recover:

• Back pay: wages and benefits lost from the firing through trial or settlement
• Front pay: future lost earnings while you rebuild your career
• Lost benefits: health insurance, retirement contributions, bonuses, stock, and commissions
• Emotional distress damages: for anxiety, humiliation, sleeplessness, and the personal toll of losing a job unfairly
• Punitive damages: when the employer acted with malice, oppression, or fraud (Civil Code § 3294)
• Attorney fees and costs: FEHA and many Labor Code provisions let a winning employee recover fees from the employer
• Civil penalties: for example, up to $10,000 per violation under the whistleblower statute (Labor Code § 1102.5(f))

Unlike federal Title VII, FEHA does not cap compensatory or punitive damages, which is one reason most California employees bring their claims under state law.

Deadlines you can't afford to miss

Different claims carry different deadlines. Missing one can end a case before it begins.

• FEHA claims (discrimination, harassment, retaliation, CFRA leave): you must first file an administrative complaint with the California Civil Rights Department (CRD) within three years of the firing, then file suit within one year of receiving a right-to-sue notice.
• Wrongful termination in violation of public policy: generally two years from the firing (Code Civ. Proc. § 335.1).
• Whistleblower retaliation (Labor Code § 1102.5): generally three years.
• Breach of a written contract: four years; oral or implied contract: two years.
• Federal EEOC charges: 300 days in California.
• Public employees: claims against cities, counties, and state agencies may require a government claim within six months for some causes of action, and civil service rules can impose even shorter appeal windows.

Severance agreements can also include short decision windows. Don't sign a release until you understand what you're giving up.

What to do if you were just fired

1. Write down what happened while it's fresh: who said what, when, and who was present.
2. Save what you're entitled to keep: your offer letter, pay stubs, performance reviews, termination letter, and any personal messages. Don't take confidential company files or access company systems after you're cut off.
3. Request your personnel file and payroll records. California employees have a right to inspect their personnel file (Labor Code § 1198.5) and payroll records (§ 226).
4. Check your final paycheck. When you're fired, all wages, including accrued vacation, are due immediately (Labor Code §§ 201, 227.3). Late payment can trigger up to 30 days of waiting-time penalties.
5. Apply for unemployment benefits with the EDD.
6. Don't sign a severance agreement or release without having it reviewed.
7. Stay off social media about your employer and the case.
8. Call us. We'll tell you honestly whether you have a claim and which deadlines apply.

How your case works with us

Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.

1. Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
2. Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
3. Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
4. Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
5. Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.

Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.