California Wrongful Termination Attorney

Wrongful termination occurs when an employer fires an employee for an unlawful reason.
A termination may be illegal when it is based on:

• Discrimination against a protected characteristic
• Retaliation for reporting harassment or discrimination
• Whistleblowing about suspected illegal conduct
• Complaining about unpaid wages or overtime
• Requesting or taking legally protected leave
• Reporting unsafe working conditions
• Refusing to participate in illegal activity
• Exercising workers’ compensation rights
• Serving on a jury or fulfilling certain civic duties
• An employment contract that limits the employer’s right to terminate
• Another reason that violates an important public policy

A termination is not necessarily unlawful merely because it was abrupt, unfair, poorly handled, or based on a mistaken decision. The central question is whether the employer’s actual reason violated a statute, contract, or recognized public policy.

California Labor Code section 2922 establishes the general presumption that employment without a specified term is at will. At-will employment may allow an employer to terminate an employee for a lawful reason, a poor reason, or without providing a detailed explanation. It does not permit termination because the employee:

• Belongs to a protected class
• Reported suspected illegal conduct
• Complained about unpaid wages
• Requested a reasonable accommodation
• Took protected family, medical, pregnancy, or disability leave
• Reported harassment
• Participated in an investigation
• Refused an unlawful order
• Exercised another legally protected right

Employers frequently describe an unlawful termination as a routine performance decision, restructuring, reduction in force, or personality conflict. The stated explanation must be compared with the employee's history, workplace communications, timing, and treatment of comparable employees.

California law generally prohibits covered employers from terminating employees because of protected characteristics such as:

The California Civil Rights Department explains that state employment discrimination law applies to employment decisions including termination and separation.

Possible signs of discriminatory termination include:

• Derogatory comments about a protected characteristic
• A pattern of favoring employees outside the protected group
• Termination shortly after disclosing a pregnancy or disability
• Unequal discipline for similar conduct
• Replacement by a substantially younger employee
• Sudden criticism after requesting an accommodation
• A reduction in force that disproportionately targets a protected group
• Shifting or inconsistent explanations for the decision

Employees are generally protected when they make a good-faith complaint about conduct they reasonably believe is discriminatory or harassing. Protected activity may include:

• Reporting harassment to a supervisor
• Contacting human resources
• Using an internal complaint procedure
• Supporting a coworker's complaint
• Participating in an investigation
• Serving as a witness
• Requesting that discriminatory conduct stop
• Filing a complaint with the Civil Rights Department or EEOC

An employer may not lawfully fire an employee because the employee raised such concerns. Retaliation can be unlawful even when the underlying discrimination or harassment complaint is not ultimately proven.

California employees may not lawfully be fired for exercising protected wage rights. Examples may include termination after an employee:

• Requests unpaid wages
• Questions missing overtime
• Reports off-the-clock work
• Objects to altered time records
• Requests meal or rest periods
• Questions employee misclassification
• Seeks reimbursement of business expenses
• Files or threatens to file a wage claim
• Provides information in a wage investigation

The Labor Commissioner investigates retaliation involving actions such as termination, demotion, reduced pay, reduced hours, discipline, and threats.

An employer may not lawfully terminate an eligible employee because the employee requested or used protected leave. Potentially protected leave may include:

• Family and Medical Leave Act leave
• California Family Rights Act leave
• Pregnancy disability leave
• Paid sick leave
• Disability-related leave as a reasonable accommodation
• Military leave
• Jury duty
• Leave related to domestic violence, sexual assault, or stalking
• Other leave protected by California or federal law

A termination occurring during or soon after leave is not automatically unlawful. However, the timing should be reviewed when the employee had a strong performance history before requesting leave or when the employer's explanation appears inconsistent.

California recognizes a claim when an employee is terminated for a reason that violates an important public policy reflected in a statute or constitutional provision. Examples may include firing an employee for:

• Refusing to commit an illegal act
• Reporting suspected criminal conduct
• Complaining about legally prohibited discrimination
• Reporting unsafe conditions
• Exercising a statutory workplace right
• Performing a legally required obligation
• Cooperating with a government investigation

The public policy must generally be fundamental, beneficial to the public, and established in law rather than based only on personal beliefs about fairness. These claims are highly fact-specific and may overlap with statutory retaliation or whistleblower claims.

Potentially. An employee may have contractual rights that restrict the employer's ability to terminate employment, even when the employee does not have a traditional written contract. Relevant documents and circumstances may include:

• A written employment agreement
• A collective bargaining agreement
• An offer letter
• A commission agreement
• An employee handbook
• Promises of progressive discipline
• Statements that termination will occur only for cause
• A consistent company practice
• Oral promises made during hiring or employment

Many handbooks contain clear at-will disclaimers, which may affect whether an implied agreement exists. The full language and surrounding circumstances should be reviewed.

Employers rarely admit that an employee was fired for an unlawful reason. Instead, they may point to:

Questions that may help reveal pretext include:

• Was the employee's performance considered satisfactory before the protected activity?
• Did criticism begin immediately after a complaint or leave request?
• Were workplace rules applied consistently?
• Were similarly situated employees treated differently?
• Does the employer's explanation change over time?
• Are the supporting records accurate?
• Was the employee replaced?
  Did the position actually disappear?
• Were normal disciplinary procedures ignored?
• Were decision-makers aware of the protected activity?

Helpful evidence may include:

Employees should preserve records they lawfully possess. They should not take confidential, privileged, proprietary, customer, patient, or trade-secret information they are not authorized to access.

The remedies available depend on the legal claims, employer, evidence, and losses involved. A successful wrongful termination claim may potentially include:

An employee generally has a duty to make reasonable efforts to reduce lost wages by seeking suitable new employment. Records of job applications, interviews, and employment searches should be preserved.

There is no single deadline covering every wrongful termination case. The applicable time limit depends on why the termination was unlawful and which legal claims are pursued.

For discrimination, harassment, or related retaliation claims under California law, an employee generally must submit an intake form to the California Civil Rights Department within three years of the last alleged harm. A CRD complaint is required before bringing a lawsuit under the Fair Employment and Housing Act, although an employee may request an immediate right-to-sue notice.

A federal discrimination charge generally must be filed with the EEOC within 300 days in California when a corresponding state law applies. Most retaliation complaints within the California Labor Commissioner's jurisdiction must be filed within one year of the retaliatory act, although exceptions apply.

Other claims, including contract and public-policy claims, may have different deadlines. Employees should seek advice promptly rather than assuming the longest possible period applies.

Consider taking the following steps:

• Request the reason for termination in writing.
• Save the termination letter and final paycheck.
• Preserve recent performance evaluations.
• Save complaints, leave requests, and accommodation records.
• Write a detailed timeline while events are fresh.
• Identify witnesses who may have relevant information.
• Keep records of your job search.
• Review any severance agreement before signing it.
• Avoid posting detailed accusations on social media.
• Contact an employment attorney promptly.

Do not sign a release merely because an employer says the offer is standard. Severance agreements often require employees to waive potential legal claims.

Wrongful termination cases often require looking beyond the explanation provided by the employer. The Kaufman Law Firm may assist by:

• Identifying potential statutory, public-policy, or contract claims
• Reviewing the employer's stated reason for termination
• Building a timeline of protected activity and retaliation
• Comparing the employee's treatment with coworkers
• Examining performance and disciplinary records
• Preserving evidence and identifying witnesses
• Calculating lost wages and other damages
• Evaluating administrative filing requirements
• Negotiating severance or settlement terms
• Pursuing relief through agency proceedings, arbitration, or litigation

• Personalized attention from an experienced employment attorney
• Careful investigation of the employer's stated explanation
• Experience with complex and overlapping employment claims
• Clear guidance throughout the legal process
• More than $50 million recovered for clients
• Free case evaluations

The Kaufman Law Firm has represented California employees since 1993. Attorney Matthew A. Kaufman brings decades of experience to wrongful termination, retaliation, whistleblower, discrimination, and wage claims. Clients turn to our firm for: