What Constitutes Wrongful Termination Under California Labor Laws?
California is an “at-will” employment state, which means employers can generally terminate employees at any time, with or without cause or notice. However, there are important legal exceptions to this rule. When an employee is fired for an unlawful reason, it may qualify as wrongful termination. Understanding what constitutes wrongful termination under California labor laws can help you determine if you have a valid claim.
Legal Grounds for Wrongful Termination
Wrongful termination occurs when an employer fires an employee in violation of federal or state law, public policy, or the terms of an employment agreement. Common grounds for wrongful termination include:
- Discrimination: Termination based on race, color, gender, sexual orientation, religion, age, disability, national origin, or other protected characteristics is illegal under California’s Fair Employment and Housing Act (FEHA) and federal laws.
- Retaliation: Firing an employee for engaging in a legally protected activity—such as reporting harassment, discrimination, or unsafe working conditions—is prohibited.
- Whistleblowing: Employees who report illegal activity or violations of public policy (such as fraud, safety violations, or labor law breaches) are protected from termination under California whistleblower laws.
- Breach of Contract: If an employee has a written or implied contract that outlines terms of employment or termination, firing that violates those terms may be wrongful.
- Violation of Public Policy: Terminating an employee for reasons that violate public interest—such as taking legally protected leave, serving on a jury, or refusing to break the law—is considered wrongful.
Signs You May Have Been Wrongfully Terminated
Every case is unique, but some signs that suggest your termination may have been unlawful include:
- You were fired shortly after filing a complaint about discrimination or harassment
- You were dismissed after reporting unsafe or illegal practices at work
- Other employees were treated differently under similar circumstances
- Your termination contradicts the terms outlined in your employment agreement
Legal Remedies for Wrongful Termination
If you’ve been wrongfully terminated, you may be entitled to several forms of compensation, including:
- Lost wages and benefits
- Reinstatement to your former position
- Compensation for emotional distress
- Punitive damages in cases of egregious misconduct
- Attorneys’ fees and legal costs
Filing a Wrongful Termination Claim
Before filing a lawsuit, most wrongful termination claims must first be filed with the appropriate government agency. In California, this is usually the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Once you receive a right-to-sue letter, you can move forward with a civil lawsuit.
Contact a California Wrongful Termination Attorney
If you believe you’ve been fired for an unlawful reason, contact the California Labor Law Employment Attorneys Group. Our experienced legal team will evaluate your case, explain your rights, and help you pursue the compensation you deserve. We offer free consultations and work on a contingency basis—so you don’t pay unless we win your case.