A wrongful termination lawyer starts with one question: was there an unlawful reason behind the firing? Most California jobs are at-will, so a company can usually let someone go for almost any reason, or none. What it cannot do is fire you for an illegal reason, like discrimination or reporting a legal violation.
Vaksman Khalfin evaluates these claims for employees and defends them for employers. Our California employment lawyers work from our San Mateo office. For a free consultation, call 877-780-4727.
What Qualifies as Wrongful Termination in California?
A firing is wrongful when the real reason behind it is illegal, not simply because it felt unfair. California is an at-will state under Labor Code section 2922, but discrimination, harassment, retaliation, and public policy violations are off limits. Since January 1, 2024, Labor Code section 1102.5 also creates a rebuttable presumption of retaliation where an employer takes adverse action within 90 days of protected activity, and allows a civil penalty of up to $10,000 per employee for each violation.
Key Takeaways
- At-will is the baseline; the claim appears when the true reason is one the law forbids.
- Whistleblower claims under section 1102.5 carry a 90-day presumption and a penalty of up to $10,000 per employee per violation.
- The whistleblower burden framework is unusually favourable: the employee shows a contributing factor, then the employer must prove its case by clear and convincing evidence.
- Discrimination-based claims usually run through the Civil Rights Department first; whistleblower claims generally go directly to court.
- No lawyer can tell you the odds of winning — outcome depends on the documented evidence.
Is My Firing Wrongful? Start With At-Will
Being fired feels unfair by nature. In legal terms, though, unfair and unlawful are different things, and California is an at-will state, so most firings are legal even when they seem harsh.
Labor Code section 2922 sets the baseline. When a job has no fixed term, either side can end it at any time, for a good reason, a bad reason, or no reason at all. A company can lay you off, replace you, or let you go over a personality clash, and none of that breaks the law by itself.
The claim appears when the true reason is one the law forbids. That is the line between a firing that is merely upsetting and one that is wrongful. A written contract, an implied promise, or a company policy can also limit an employer’s at-will freedom.
What Makes a Firing Unlawful in California
Wrongful termination is really a group of claims. Each one points to a specific illegal reason behind the firing.
Discrimination or Retaliation Under FEHA
The Fair Employment and Housing Act, Government Code section 12940, makes it illegal to fire someone because of a protected trait. Those traits include race, religion, national origin, disability, medical condition, sex, gender identity, sexual orientation, and age (40 and over), among others. It is also illegal to fire someone for complaining about discrimination or harassment, or for taking part in an investigation. When a firing links back to one of these, it may overlap with a discrimination or harassment claim.
Firing That Violates Public Policy
California recognises a claim, often called a Tameny claim, for a firing that violates a fundamental public policy. In plain terms, an employer cannot fire you for refusing to do something illegal, or for exercising a legal right that the law protects. These claims can reach conduct the Labor Code and FEHA might not cover on their own, and they generally go directly to court without an agency step.
Whistleblower Retaliation
Labor Code section 1102.5 protects employees who report what they reasonably believe is a legal violation. That report can go to a government agency, to law enforcement, or to someone inside the company with authority over the employee or with authority to investigate.
Two features make these claims distinctive. Since Senate Bill 497 took effect on January 1, 2024, if an employer takes an adverse action within 90 days of protected activity, retaliation is presumed and the employer must come forward with a legitimate, non-retaliatory reason. And the statute allows a civil penalty of up to $10,000 per employee for each violation, awarded to the employee who was retaliated against, on top of other remedies.
Retaliation for Wage Complaints or Protected Leave
You cannot be fired for asserting basic workplace rights. That includes complaining about unpaid wages, missed breaks, or overtime, and it includes taking a protected leave. Wage-based retaliation often travels with an underlying wage and hour claim, so we look at both together.
The Burden of Proof in a Whistleblower Case
This is the part most pages leave out, and it matters more than almost anything else in a section 1102.5 case.
Whistleblower retaliation claims are decided under the framework in Labor Code section 1102.6 rather than the older burden-shifting test used in many employment cases. The California Supreme Court confirmed in 2022 that section 1102.6 supplies the governing standard.
Under it, the employee must show that protected activity was a contributing factor in the adverse action — not the sole reason, or even the main one. If the employee makes that showing, the employer must then demonstrate by clear and convincing evidence that it would have taken the same action anyway for legitimate, independent reasons.
Clear and convincing is a higher standard than the ordinary preponderance standard. Combined with the 90-day presumption, it means a well-documented, contemporaneous record of the real reason for a termination is what protects an employer — and its absence is what exposes one.
Constructive Discharge: When Quitting Counts as Firing
Sometimes an employee is not fired outright. Instead, conditions are made so intolerable that any reasonable person would feel forced to quit. California calls this constructive discharge, and it can support a wrongful termination claim just as a formal firing would.
The bar is high. Ordinary friction, a bad review, or one hard week usually will not meet it. The conditions generally must be severe or ongoing, and tied to an unlawful reason. If you leave because of harassment or retaliation, keep records of what happened and when.
Deadlines for a Wrongful Termination Claim
Deadlines depend on the type of claim, and missing one can end a case before it starts.
| Type of claim | General rule |
| Discrimination, harassment, or retaliation under FEHA | File a complaint with the California Civil Rights Department within three years of the wrongful act, under Government Code section 12960. After the CRD issues a right-to-sue notice, a civil action must generally be filed within one year. |
| Whistleblower retaliation under section 1102.5 | Generally filed directly in Superior Court without a CRD step, on its own limitations period. |
| Public policy (Tameny) claims | Filed directly in court, on their own timeline. |
| Wage-based claims | Follow the wage and hour timelines, which differ by claim type. |
| Public employer | A claim-presentation requirement under the Government Claims Act may apply, on a much shorter timeline. |
Where facts support more than one theory, the shortest applicable deadline effectively controls. Because the clock can be short, it is best to get advice soon after the firing rather than wait.
What You Can Recover
Remedies depend on the claim and the facts, and no outcome is certain. That said, wrongful termination claims generally deal in a few categories of relief:
- Lost pay and benefits, both past (back pay) and future (front pay)
- Reinstatement to the job, where that is practical and appropriate
- Damages for emotional distress caused by the firing
- Attorney’s fees and costs, where a statute allows them
- Civil penalties in certain claims, such as the whistleblower penalty under section 1102.5
In some cases, other damages may be available. We give you an honest read on what your specific claim may involve, not a promise.
What Are the Odds of Winning?
People ask this constantly, and the honest answer is that nobody can quote you a number. Any firm advertising a win rate is describing its own selected caseload, not your case.
What actually drives outcomes is more useful to know. Claims tend to be stronger where the timing is tight between protected activity and the firing, where the employer’s stated reason shifted or is contradicted by documents, where comparable employees were treated differently, and where the employee raised the issue in writing. Claims tend to be weaker where performance problems were documented before any complaint, where the stated reason is consistent and corroborated, and where the only evidence is the employee’s own account.
That assessment is what a first conversation is for. It costs nothing and it is more useful than a statistic.
What to Do If You Think You Were Wrongfully Fired
A few early steps can protect a possible claim. None of this requires a lawyer yet, and each one helps.
- Write down what happened while it is fresh: dates, names, what was said, and who saw it.
- Save your own copies of relevant emails, texts, reviews, pay records, and the company handbook.
- Note any reason the employer gave, and whether it matches how you were actually treated.
- Do not rush to sign a severance or release, since it may waive claims you have not valued yet — see our severance agreement page.
- Talk to a lawyer before a deadline passes.
The Employer Side: Preventing and Defending Claims
We also represent employers, and most termination problems are avoidable. Good process is the best defence: clear policies, honest and documented performance reviews, and a consistent approach when it is time to let someone go.
The two rules described above make documentation more valuable than it used to be. Where the 90-day presumption applies, an employer that cannot show a contemporaneous, legitimate reason is starting from behind — and under the section 1102.6 framework, it must carry that showing by clear and convincing evidence.
When a claim does come, we defend it. That can include responding to a CRD complaint, gathering the documentation behind the decision, and, where the facts support it, showing a legitimate, non-retaliatory reason for the firing. We also counsel on separations before they happen, so a routine exit does not turn into a lawsuit.
Wrongful Termination Claims in San Mateo and on the Peninsula
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 works with employees, executives, and employers across the Peninsula. Civil matters for this county are generally heard in the San Mateo County Superior Court.
Two local realities shape these matters. Terminations here frequently arrive packaged with a severance agreement and a general release, which means the decision about whether a claim exists often has to be made on the employer’s timetable rather than the employee’s. And equity is often the largest thing at stake — what happens to vested and unvested awards at separation sits in plan documents rather than in the termination letter.
Details about the office are on our San Mateo page.
How We Help
Whether you were fired or you run the company, we start with the facts and give you a straight answer. From there, the path depends on your side of the matter.
For employees, we assess whether the firing was unlawful, file the right agency complaints, and pursue the claim through negotiation or court.
For employers, we defend terminations, respond to agency charges, and tighten policies and documentation to prevent the next one.
Employee-side cases are often handled on contingency, so there is no fee unless there is a recovery. Employer defence and counselling are usually billed hourly. To see how this fits with the firm’s other work, visit our California employment lawyers overview.
If you were recently fired, or you are an employer facing a claim, the sooner you get advice the more options you tend to have. Call 877-780-4727 to talk it through. The consultation is free.
This page provides general information about California law and is not legal advice; reading it or contacting the firm does not create an attorney-client relationship. Statutes and procedures change from time to time and should be confirmed for your situation. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/28/2026
Frequently Asked Questions
Usually not. California is an at-will state under Labor Code section 2922, so a company can generally end employment for a good reason, a bad reason, or no reason. A firing becomes wrongful when the real reason is one the law forbids — such as discrimination, retaliation, or a violation of public policy — or where a contract or policy limited at-will employment.
Discrimination or retaliation under FEHA; firing that violates a fundamental public policy, often called a Tameny claim; whistleblower retaliation under Labor Code section 1102.5; and retaliation for wage complaints or for taking a protected leave. A single firing can involve more than one.
Labor Code section 1102.5 protects employees who report what they reasonably believe is a legal violation, to a government agency, law enforcement, or someone inside the company with authority. Since January 1, 2024, adverse action within 90 days of protected activity creates a rebuttable presumption of retaliation, and the statute allows a civil penalty of up to $10,000 per employee for each violation.
Under Labor Code section 1102.6, the employee must show that protected activity was a contributing factor in the adverse action — not the only reason. The employer must then show by clear and convincing evidence that it would have taken the same action anyway for legitimate, independent reasons. The California Supreme Court confirmed in 2022 that this is the governing framework.
Possibly, through a constructive discharge claim. It applies where conditions were made so intolerable that a reasonable person would have felt forced to resign, and where those conditions tie back to an unlawful reason. The bar is high — ordinary friction or a bad review generally will not meet it.
It depends on the theory. FEHA claims require a complaint to the Civil Rights Department within three years under Government Code section 12960, then a civil action within one year of the right-to-sue notice. Whistleblower and public policy claims generally go directly to court on their own timelines. Where more than one theory applies, the shortest deadline effectively controls.
No lawyer can responsibly quote a figure, and any advertised win rate describes a firm's selected caseload rather than your case. What matters is the evidence: how tight the timing is, whether the employer's stated reason shifted or is contradicted by documents, how comparable employees were treated, and whether concerns were raised in writing. A first conversation can give you a realistic read.
Depending on the claim: lost pay and benefits past and future, reinstatement where practical, emotional distress damages, attorney's fees and costs where a statute allows them, and civil penalties in certain claims such as the section 1102.5 whistleblower penalty. Outcomes depend on the facts and no result is guaranteed.
Not before understanding what you would be releasing. A general release typically waives claims arising up to the date you sign, which may include the wrongful termination claim you are considering. California and federal law also give you time to review — see our severance agreement page for the applicable periods.
Yes. We respond to CRD complaints and lawsuits, gather the documentation behind the decision, and counsel on separations before they happen. Given the 90-day presumption and the clear and convincing standard, contemporaneous documentation of the real reason for a termination has become the central defence.
