Wrongful Termination

Fired Unfairly?

Losing your job can leave you shocked, anxious, and uncertain about the future. Many Californians believe employers can fire at will, but the law protects workers from being fired for illegal reasons. If you suspect your termination wasn’t fair, you’re not alone. California’s wrongful termination laws give you options to stand up for your rights and seek justice. Knowing when a firing crosses the line into illegal conduct is the first step towards regaining control.

If you’re dealing with sudden job loss, you might also face issues like workplace discrimination or retaliation claims. Understanding these connections helps you recognize if your termination was part of a broader pattern.

What Counts as Wrongful?

“Wrongful termination” means being fired for reasons that violate state or federal law, your employment contract, or public policy. In California, you can be dismissed without cause, but not for:

• Discrimination based on race, gender, age, disability, or other protected traits (see disability rights)
• Retaliation for reporting harassment, refusing illegal activity, or taking protected leave
• Whistleblowing or complaining about unsafe working conditions
• Exercising your right to family or medical leave
• Refusing to sign an unlawful non-compete agreement

Not every firing is illegal, so understanding the difference is crucial. If your firing feels connected to a protected activity or personal characteristic, you may have a case.

California and Federal Laws

California leads the nation in protecting employee rights. Relevant laws include:

• California Fair Employment and Housing Act (FEHA): Bans discrimination and retaliation based on protected categories.
• California Labor Code: Shields workers from retaliation for reporting wage violations (more at wage and hour disputes).
• Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA): Protect time off for illness or family needs.
• Title VII of the Civil Rights Act: Forbids discrimination on race, color, religion, sex, or national origin.

For example, firing someone right after they report hostile work environment or after requesting medical leave can signal wrongful termination.

Employer Responsibilities

Employers in California must follow strict rules when ending employment. They are expected to:

• Refrain from firing workers for reporting violations or exercising legal rights
• Provide clear, truthful reasons for termination (especially if asked)
• Comply with their own written policies and contracts
• Follow anti-retaliation and anti-discrimination guidelines

Employers also must promptly pay final wages, including unused vacation time, on the last day of work. Failing to do so can lead to additional penalties.

What To Do Next

If you believe you’ve been wrongfully terminated, take these steps:

1. Gather Documentation: Save termination letters, emails, performance reviews, and any relevant communications.
2. Write Down Events: Document the timeline of events leading to your firing.
3. Identify Witnesses: Note coworkers who can confirm your account.
4. Request Your Personnel File: California law gives you the right to review your employment records.
5. Consult an Attorney: Legal advice helps you navigate complex claims and deadlines.

Act quickly: you may have as little as one year to file a complaint with the Department of Fair Employment and Housing (DFEH), depending on your claim.

What Can You Recover?

Damages in wrongful termination cases may include:

• Lost wages and benefits (past and future)
• Emotional distress compensation
• Attorney’s fees and costs
• Possible reinstatement to your job
• Punitive damages in cases of extreme employer misconduct

If your case involves workplace discrimination or disability rights, there could be additional remedies.

Frequently Asked Questions about Wrongful Termination in California

What qualifies as wrongful termination in California? Wrongful termination in California occurs when an employee is fired for reasons that violate state or federal law, such as discrimination, retaliation, or breach of contract.

How long do I have to file a wrongful termination claim in California? You generally have one year to file a discrimination or retaliation complaint with the California Department of Fair Employment and Housing (DFEH), but deadlines can vary.

Can I be fired in California without a reason? California is an at-will employment state, so employers can fire workers without cause, but not for illegal reasons like discrimination or retaliation.

What evidence should I collect for a wrongful termination claim? Gather emails, termination letters, performance reviews, witness statements, and any documents showing the employer’s reasons for firing you.

What damages are available in a wrongful termination lawsuit? Potential damages include lost wages, benefits, emotional distress compensation, attorney’s fees, and possibly punitive damages.

Ready to Take Action?

If you think you’ve been wrongfully fired in California, don’t wait. Call Attain Law at (888) 970-8627 or contact us today for a free consultation. We’re here to support you every step of the way.