Wrongful Termination in California

Short answer: Most California jobs are “at will,” so an employer can usually fire you without a reason. It can’t fire you for an illegal reason. That includes discrimination, retaliation for a complaint, taking protected leave, refusing to break the law, or breaking a contract that promised job security. Most discrimination and retaliation claims must be filed with the Civil Rights Department within three years. Some other claims have a two-year deadline, so don’t wait.

A related question is Do You Have to Give Two Weeks' Notice in California?.

Losing a job is hard enough. Finding out it happened because you complained, got sick, got pregnant, or spoke up makes it worse. California gives employees more protection against wrongful termination than federal law and most other states do. Below we explain when a firing crosses the line, how these cases work, and what to do in the first few days.

What Is At-Will Employment in California?

Labor Code § 2922 presumes that California employment is “at will.” Either side can end the job at any time, with or without a reason and without notice. That presumption is why many firings, even unfair ones, aren’t illegal.

At-will employment has two big limits:

• The reason can’t be illegal. An employer can fire you for no reason, but not for a reason the law prohibits.
• A contract can change the rules. A written contract, an offer letter, a handbook, or a pattern of conduct can create a promise that you’ll only be fired for good cause. The California Supreme Court recognized these implied contracts in Foley v. Interactive Data Corp. (1988).

Our guide to California’s at-will rule covers the exceptions in more detail.

Illegal Reasons to Fire Someone in California

Discrimination

The Fair Employment and Housing Act (FEHA) covers employers with five or more employees. It prohibits firing someone because of a protected characteristic, including race, color, religion, national origin, ancestry, sex, gender, gender identity or expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, military or veteran status, and reproductive health decisions. Pregnancy, childbirth, and breastfeeding count as sex discrimination, and so does gender discrimination generally.

You don’t have to prove discrimination was the only reason. Under Harris v. City of Santa Monica (2013), it’s enough that it was a substantial motivating factor in the decision.

Retaliation

Retaliation is the most common illegal reason we see. California law protects you from being fired for:

• Complaining about discrimination or harassment, or helping a coworker who did (Gov. Code § 12940(h))
• Reporting a violation of law to a government agency or to someone at work with authority to fix it (Labor Code § 1102.5). Our whistleblower retaliation page covers this in depth.
• Refusing to do something illegal
• Complaining about unpaid wages, overtime, or missed breaks, or filing a wage claim (Labor Code § 98.6)
• Raising a health or safety concern (Labor Code § 6310)
• Discussing or asking about pay (Labor Code § 232)
• Filing a workers’ compensation claim (Labor Code § 132a)
• Requesting a disability or pregnancy accommodation

Since 2024, if an employer takes action against you within 90 days of certain protected complaints, such as a wage complaint or a report of a legal violation, the law presumes retaliation. The employer then has to rebut that presumption.

Taking Protected Leave

Firing someone for taking leave the law protects is unlawful. That includes California Family Rights Act (CFRA) leave for your own serious health condition, a family member’s, or bonding with a new child; pregnancy disability leave; paid sick leave; and jury duty.

Violations of Public Policy

Even when no specific statute applies, California courts allow a claim for wrongful termination in violation of public policy, known as a Tameny claim. It applies when the reason for the firing violates a fundamental policy found in a constitution, statute, or regulation. Refusing to falsify records is one example; serving on a jury is another.

Constructive Discharge

You don’t always have to be fired to bring a wrongful termination claim. If your employer knowingly made conditions so intolerable that a reasonable person would quit, the law can treat your resignation as a firing. Read more about constructive discharge in California.

Signs Your Firing May Have Been Illegal

Employers rarely admit an illegal motive. Most cases are proved with circumstantial evidence like this:

• Timing. You were fired soon after a complaint, a leave request, a diagnosis, or a pregnancy announcement.
• A sudden change in reviews. Years of good evaluations turned into write-ups or a performance improvement plan right after you spoke up.
• Shifting explanations. The reason given at the termination meeting differs from what HR wrote down or what the company later tells the unemployment office.
• Different treatment. Coworkers outside your protected group broke the same rule and kept their jobs.
• Comments. A decision-maker made remarks about your age, accent, health, pregnancy, or complaints.
• A one-person “layoff.” Your position was eliminated, then refilled, or you were the only one cut. See laid off vs. terminated.

Deadlines for Wrongful Termination Claims

Different claims have different deadlines. Missing one can end a case, no matter how strong it is. Check the ordinary date for your claim with the California employment deadline checker.

• FEHA discrimination, harassment, and retaliation: file a complaint with the California Civil Rights Department (CRD) within three years. After the CRD issues a right-to-sue notice, you generally have one year to file the lawsuit.
• Federal claims with the EEOC: 300 days in California.
• Whistleblower retaliation under Labor Code § 1102.5: generally three years.
• Wrongful termination in violation of public policy: two years.
• Labor Commissioner retaliation complaints: one year.
• Breach of contract: two years for an oral or implied contract and four years for a written one.

Our guide to the wrongful termination statute of limitations explains how these deadlines run.

What You Can Recover

Depending on the claim, damages can include:

• Back pay: wages and benefits lost from the firing until trial or settlement
• Front pay: future lost earnings if you can’t find comparable work
• Emotional distress damages, which FEHA doesn’t cap
• Punitive damages when a company officer, director, or managing agent acted with malice, oppression, or fraud
• Civil penalties of up to $10,000 per violation for some retaliation claims
• Attorney’s fees and costs, which FEHA and the whistleblower statute allow a winning employee to recover

Every case is different, and no one can promise a result. Our article on how much you can sue for after a wrongful termination explains what drives the value of a case.

What to Do After You’re Fired

1. Collect your final paycheck. If you’re fired, all wages are due immediately (Labor Code § 201). A late final paycheck can earn up to 30 days of waiting-time penalties.
2. Write down what happened while it’s fresh: who was in the meeting, what they said, and the reasons they gave.
3. Save what you already have. That means your own pay stubs, reviews, texts, and personal emails. Don’t take confidential company files; ask a lawyer first.
4. Don’t sign a severance agreement right away. California employers must tell you that you have the right to consult a lawyer and give you at least five business days to decide. If you’re 40 or older and the agreement waives age claims, federal law generally gives you 21 days to consider it (45 days in a group layoff) and 7 days to revoke. Read California severance pay.
5. Apply for unemployment. Being fired doesn’t disqualify you unless it was for misconduct. Be accurate, because the employer’s response can become evidence.
6. Talk to an employment lawyer before the deadlines above start to matter.

Our full checklist on what to do after being fired in California goes step by step.

How Starpoint Law Handles Wrongful Termination Cases

We represent employees only. Managing Attorney Aidin Ghavimi spent years defending companies and insurers before starting the firm. That gives us a working knowledge of how employers build a termination file and where those files fall apart. Attorney Danielle Riddles has represented employees in discrimination, retaliation, and wrongful termination cases for more than a decade.

Consultations are free. We handle wrongful termination cases on contingency, so there are no attorney fees unless we recover money for you.

Whether that hire is worth it, and how to find a lawyer before you sign a release, is covered in how to hire an employment lawyer in California. What the contingency percentage means, including fees versus costs, is covered in how much an employment lawyer costs in California. We represent California employees, including people in Los Angeles, the San Francisco Bay Area, San Diego, San Jose, Sacramento, and Orange County. The offices are in Century City and Sherman Oaks. Clients elsewhere in California meet by phone or video.

Serving Employees Across Los Angeles County

You can meet with us at either office, or by phone or video:

• Century City: 1801 Century Park East, 24th Floor, Los Angeles, CA 90067
• Sherman Oaks: 15233 Ventura Blvd., PH16, Sherman Oaks, CA 91403

We represent employees who were fired throughout Los Angeles County, including in Beverly Hills, Encino, Glendale, Hollywood, Long Beach, Pasadena, the San Fernando Valley, Santa Clarita, Santa Monica, Sherman Oaks, Studio City, and Westwood.

Discrimination, harassment, and retaliation complaints go to the California Civil Rights Department, which accepts them online and by phone. Federal charges go to the EEOC’s Los Angeles District Office in the Roybal Federal Building downtown. Our clients’ cases are usually filed in Los Angeles County Superior Court, or in the U.S. District Court for the Central District of California when federal claims are involved.

Our Sherman Oaks Office

Related Guides

• Fired While Pregnant in California
• Fired on Medical Leave in California
• What To Do After Being Fired in California
• How to File a Wrongful Termination Claim in California
• 5 Examples of Wrongful Termination in California
• Statute of Limitations for Wrongful Termination in California
• How Much Can I Sue for After a Wrongful Termination in California?
• What is Constructive Discharge in California?
• Performance Improvement Plan Lawsuit | What You Should Know
• Understanding California Severance Pay
• Did You Experience a Layoff in California? 4 Things You Should Do Right Now

Wrongful Termination FAQ

Can I be fired without a reason in California?

Usually, yes. Most jobs are at will, so an employer doesn’t need a reason. What it can’t do is fire you for an illegal reason, such as discrimination or retaliation, or in breach of a contract that promised job security.

Is it wrongful termination if I was fired for something I didn’t do?

Not by itself. Being fired for a mistaken reason isn’t illegal. But a weak or false explanation can be evidence that the real reason was illegal, especially if it came right after a complaint, a leave request, or a medical diagnosis.

Do I have a case if I quit instead of being fired?

Possibly. If your employer deliberately made conditions so intolerable that a reasonable person would resign, the law can treat your resignation as a firing. This is called constructive discharge.

How long do I have to file a wrongful termination claim in California?

It depends on the claim. Discrimination and retaliation claims under FEHA must be filed with the Civil Rights Department within three years. Public-policy claims have two years, and Labor Commissioner retaliation complaints have one year. Talk to a lawyer early so you don’t miss the shortest one.

Can I get my job back?

Reinstatement is possible, but most employees don’t want to return to an employer that fired them illegally. Most cases end with money for lost pay, emotional distress, and fees rather than reinstatement.

If you think you were fired for an illegal reason, call us at (310) 424-9971 or send us a message for a free consultation.