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.
Key Takeaways
- 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, retaliation, and public-policy violations are off limits.
- Whistleblowers get added protection under Labor Code section 1102.5, including a 90-day presumption and a civil penalty of up to $10,000 per violation.
- Discrimination-based claims usually run through the California Civil Rights Department, and some deadlines are short.
- Call 877-780-4727 for a free consultation.
Is My Firing Wrongful? Start With At-Will
Being fired feels unfair by nature. In legal terms, though, unfair and unlawful are different things. 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. Here are the main ones.
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 ties back to one of these, it may overlap with a discrimination or harassment claim.
Firing That Violates Public Policy
California recognizes 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.
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. An employer cannot fire or punish a worker for making it. The statute allows a civil penalty of up to $10,000 per violation. It also creates a 90-day presumption. If the employer takes adverse action within 90 days of the protected report, retaliation is presumed unless the employer proves a lawful reason.
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. A firing that punishes one of these can be wrongful. Wage-based retaliation often travels with an underlying wage and hour claim, so we look at both together.
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 law 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 qualify. 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. For discrimination, harassment, and retaliation under FEHA, you generally must file a complaint with the California Civil Rights Department (CRD) within three years of the wrongful act (Government Code section 12960).
After the CRD issues a right-to-sue notice, there is a limited window to file the lawsuit in court. Other theories, such as some public-policy or wage-related claims, follow their own timelines. 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 guaranteed. That said, wrongful termination cases generally deal in a few categories of relief.
- Lost pay and benefits, both past (back pay) and, in some cases, future (front pay).
- Reinstatement to the job, where that is practical and appropriate.
- Damages for emotional distress caused by the firing.
- Attorney fees and costs, where a statute allows them.
- Civil penalties in certain claims, such as the whistleblower penalty under Labor Code 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 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, but 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.
- 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 defense. That means clear policies, honest and documented performance reviews, and a consistent approach when it is time to let someone go.
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.
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 defense and counseling 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.
Frequently Asked Questions
Usually not. California is at will under Labor Code section 2922, so an employer can fire you for a bad reason or no reason at all. It becomes wrongful only when the real reason is illegal, such as discrimination, retaliation, or a violation of public policy. The reason behind the firing is what matters.
The main ones are discrimination or retaliation under FEHA (Government Code section 12940), firings that violate public policy (Tameny claims), and whistleblower retaliation under Labor Code section 1102.5. Retaliation for wage complaints or taking protected leave also counts. Constructive discharge, where you are forced to quit, can qualify too.
Possibly, through a claim called constructive discharge. If your employer made conditions so intolerable that any reasonable person would feel forced to resign, and the reason was unlawful, quitting can be treated like a firing. The bar is high, so keep records of what happened and why you left.
It depends on the claim. For discrimination, harassment, and retaliation under FEHA, you generally file with the California Civil Rights Department within three years (Government Code section 12960), then get a right-to-sue notice before going to court. Other claims have different deadlines. Some are short, so do not wait to get advice.
Labor Code section 1102.5 protects employees who report a reasonable belief of a legal violation, to a government agency, law enforcement, or inside the company. An employer cannot retaliate for that. The law allows a civil penalty of up to $10,000 per violation and presumes retaliation if adverse action follows within 90 days.
It depends on the facts, and nothing is guaranteed. Cases generally involve categories like lost pay (back and front pay), possible reinstatement, emotional distress damages, and attorney fees where the law allows. Certain claims, such as whistleblower retaliation, carry civil penalties. A lawyer can give you a realistic read on your situation.
Yes. Vaksman Khalfin represents employers as well as employees. On the employer side, we defend terminations, respond to agency complaints, and show legitimate, non-retaliatory reasons where the facts support them. We also help prevent claims with clear policies, documented reviews, and careful separation planning, usually on an hourly basis.
