Fired illegally? You may be entitled to recover lost wages, benefits, and other compensation.
California's "at-will" employment laws generally allow employers and employees to terminate their working relationship without prior notice and for any reason. However, important exceptions apply to public policy, antidiscrimination laws, protected leave, and a whole host of legal regulations pertaining to workers' rights.
If an employer has dismissed you for protected activity, protected characteristics or for exercising your rights, you may have been a victim of an illegal firing. Consult with a wrongful termination attorney to learn more about your rights and discuss your legal options.
Wrongful termination occurs when an employer fires or lays off an employee for reasons that violate federal or California employment laws. Although California is an "at-will" employment state, which generally allows employers and employees to end the working relationship at any time, employers cannot terminate workers for unlawful reasons.
Examples of unlawful reasons for terminating employment include:
Several types of legal claims may arise from these situations. Understanding why an employer terminated your job is an important first step in determining whether you may have a wrongful dismissal case.
Common examples
Wrongful termination claims arise under several different legal theories. While every situation is unique, many cases of illegal termination fall into the categories below.
Employers cannot terminate employees because of protected characteristics like race, gender, age, religion, disability, medical condition, or other protected statuses under federal and California law. Examples include:
Employees are protected when they report workplace misconduct or unlawful activity. If an employee is fired for speaking up about illegal behavior, their termination may be considered retaliation.
Examples include:
California law protects employees who refuse to participate in illegal conduct. If an employer terminates a worker for refusing to falsify records, violate safety rules, or otherwise break the law, the termination may violate public policy.
Even in an at-will state, employers cannot terminate employees in ways that breach written employment contracts, implied agreements, or established company policies. A firing that contradicts binding terms may qualify as wrongful dismissal.
In some cases, an employer may not directly fire an employee but instead create working conditions so intolerable that a reasonable person would feel forced to resign. This situation is known as constructive discharge and may be treated as an unfair termination if the resignation was effectively compelled by unlawful conduct.
Employers often claim that a termination was based on performance issues, restructuring, or misconduct. While these can be legitimate reasons for firing an employee, courts will sometimes examine whether the employer's explanation is genuine or simply a pretext for unlawful termination.
Signs that an employer's stated reason for firing you may not be genuine include:
Courts often examine whether an employer's explanation for firing an employee is genuine or merely a pretext for unlawful termination. If you believe your employer's explanation for your termination is inconsistent with their actions or your employment record, a wrongful termination attorney can review your situation and help determine whether unlawful conduct may have occurred.
If you successfully pursue a wrongful termination claim against your employer, you may be entitled to recover financial compensation for your job loss, as well as other remedies. The damages available in a wrongful termination case depend on the facts of your situation and the laws involved.
In some cases, wrongful termination claims may involve tens of thousands of dollars in lost wages and other damages.
Economic damages compensate you for the financial losses caused by your termination. These may include:
In some cases, employees may also recover compensation for personal and professional harm caused by the termination, including:
If an employer acted with fraud, oppression, or malice, a court may award punitive damages to punish the employer and deter similar misconduct in the future.
Under many California employment laws, employees who prevail in wrongful termination claims may also recover reasonable attorneys' fees and litigation costs.
Being fired illegally affects not only your financial stability, but also your professional standing and emotional well-being. An experienced employment attorney can evaluate your situation and help determine what forms of recovery may be available.
Check If You Have A Case(opens in new tab)Once your employer is implicated in wrongful termination, the employer has to prove they fired you for a legitimate reason. You will need proof to show that your employer's stated reasons are merely a cover story.
Evidence That Supports Wrongful Termination
To show wrongful termination, it may be helpful to gather the following types of evidence:
Gathering documentation can help your attorney evaluate whether your termination violated employment laws and determine what legal claims may apply.
Filing deadlines
Your time limit for filing a wrongful termination claim in California depends on why your employer has broken the law. Wrongful termination claims can include public policy violations, discrimination, retaliation or breaches of contracts and company policies.
Here are a few key time limits for wrongful termination:
An employee has been fired for reporting unlawful activity, performing a legal obligation (jury duty or obeying a subpoena), refusing to break the law, or exercising protected rights.
Claims for breach of an implied contract, based on oral promises, employer conduct, or workplace policies suggesting continued employment, also typically carry a two-year statute of limitations.
Employees whose rights under the Fair Employment and Housing Act (FEHA) were violated generally have three years to file an administrative complaint with the California Civil Rights Department (CRD). After receiving a Right-to-Sue notice, employees typically have one year to file a lawsuit in court.
Under the California Worker Adjustment and Retraining Notification (WARN) Act, employers with 75 or more employees must provide at least 60 days' notice before certain mass layoffs, plant closures, or relocations. Employees may seek damages if an employer fails to provide the required notice.
Employees who are fired for reporting unlawful activity may have up to three years to pursue certain whistleblower retaliation claims under California law. Some federal whistleblower laws may require filing with a government agency sooner depending on the statute involved.
If your termination violates the terms of a written employment contract, you generally have four years from the date of termination to file a lawsuit for breach of contract.
Some wrongful termination claims require filing with a government agency before filing a lawsuit in court. For example, discrimination or retaliation claims under the Fair Employment and Housing Act (FEHA) must first be filed with the California Civil Rights Department (CRD). After receiving a Right-to-Sue notice, employees may proceed with a lawsuit.
Other claims, such as breach of contract or violations of public policy, may be filed directly in court.
Wrongful termination lawsuits can involve multiple legal claims and complex procedures. Our attorneys can evaluate your situation, review the available evidence, and guide you through the legal process to pursue compensation. Here is what to expect.
We begin with a free and confidential consultation, where you can discuss the details of your termination and ask questions about your legal rights. During this evaluation, we determine whether your firing, layoff, or dismissal may violate California law.
We also analyze whether your claim may involve discrimination, retaliation, breach of contract, or other legal violations, which helps determine the applicable deadlines and next steps.
Building a wrongful termination case requires careful analysis of evidence. Our attorneys review employment records, performance evaluations, internal communications, company policies, witness statements, and termination documents.
Depending on the type of claim, we may also review medical documentation for protected leave cases or work schedules that could indicate retaliation or constructive discharge.
A key part of this process is identifying inconsistencies between the employer's stated reasons for termination and their actual actions.
Some wrongful termination claims require filing an administrative complaint before pursuing a lawsuit. Our attorneys can help prepare and submit complaints to agencies such as the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
After receiving a Right-to-Sue notice, employees may proceed with a private lawsuit in court.
Our attorneys can communicate directly with human resources departments and corporate counsel on your behalf. We evaluate the defenses presented by the employer and may negotiate a settlement if appropriate.
If a dispute cannot be resolved through negotiation, we can file a lawsuit and represent you throughout the litigation process. This includes gathering evidence, building the legal case, and advocating for you in court.
California employment laws prohibit employers from retaliating against workers who assert their legal rights. If an employer takes further adverse action after you raise a legal claim, additional claims for retaliation may arise.
If you believe your termination violated California law, our employment attorneys can review your situation and help determine the next steps.
Yes. In most cases, your employer can fire you without advance notice because California follows at-will employment rules. However, two exceptions exist: your employer violated terms of an existing company policy or employment contract, or otherwise terminated you for an unlawful reason such as discrimination, retaliation or violation of public policy.
No. Employees are legally protected from retaliation for reporting discrimination or harassment. If an employer terminates an employee for making such a report, the termination may constitute unlawful retaliation under federal or California employment laws.
Employers often claim that a termination was based on performance issues, restructuring, or misconduct. In wrongful termination cases, courts may examine whether the employer's explanation is genuine or simply a pretext for unlawful termination. Evidence such as inconsistent explanations, sudden disciplinary actions, or favorable treatment of other employees may be used to challenge the employer's stated reason.
Some wrongful termination claims require filing an administrative complaint before pursuing a lawsuit. For example, discrimination and retaliation claims under the Fair Employment and Housing Act (FEHA) must generally be filed with the California Civil Rights Department (CRD) before a lawsuit can proceed. Other claims do not have this requirement.
Possibly. Eligibility for unemployment benefits often depends on the reason given for the termination. If an employer claims misconduct, you may need to challenge that allegation during the unemployment benefits process. In some cases, employees can appeal unemployment benefit denials.
In some situations, a resignation may still qualify as wrongful termination. If an employer made working conditions so intolerable that a reasonable person would feel forced to resign, this may be considered constructive discharge, which can be treated similarly to an unlawful termination.
If you believe your employer terminated you for unlawful reasons, you may have the right to recover compensation. Our employment attorneys offer free and confidential consultations.
Get A Free Case Review(opens in new tab)