Being fired from your job is never easy, but if your termination was based on unlawful reasons, it may be considered wrongful termination under California law. Understanding the difference between legal and illegal firing is essential for protecting your rights and seeking justice if necessary.

Understanding Wrongful Termination

California is an “at-will” employment state, which means employers can terminate employees at any time, with or without cause. However, that doesn’t give employers the right to fire someone for reasons that violate the law or breach an employment agreement. If your termination falls into one of several protected categories, it may be considered wrongful.

Common Signs of Wrongful Termination

Here are several indicators that your firing may have been unlawful:

• You were fired after reporting illegal activity or workplace misconduct.
• You were terminated soon after filing a complaint about discrimination, harassment, or unsafe working conditions.
• Your termination came shortly after requesting medical or family leave, or reasonable accommodation for a disability.
• You have evidence that coworkers who committed similar offenses were not fired.
• Your employer violated a written or implied employment agreement when terminating you.

Illegal Reasons for Termination

According to California labor law, the following are examples of unlawful reasons to fire an employee:

• Discrimination based on race, gender, age, religion, disability, sexual orientation, or other protected categories
• Retaliation for whistleblowing or reporting labor law violations
• Taking legally protected leaves such as FMLA, CFRA, or sick leave
• Refusing to participate in illegal activities
• Exercising your right to file a wage or harassment complaint

Steps to Take If You Suspect Wrongful Termination

If you believe your firing was unlawful, follow these steps to protect your rights:

• Gather all relevant documentation such as performance reviews, emails, text messages, or witness statements.
• Write down your recollection of events leading up to the termination.
• File a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
• Consult with an experienced employment attorney to evaluate your claim and explore legal options.

Conclusion

Not every firing is illegal, but if you suspect your termination was due to discrimination, retaliation, or a violation of your rights, you may have a valid wrongful termination claim. Understanding the signs of unlawful firing and acting quickly can make a big difference in your ability to recover lost wages or hold your employer accountable.