Summary
This guide outlines common examples of wrongful termination in California, including discrimination, retaliation, violations of protected leave, and forced resignations. Learn how California laws protect employees, what evidence helps your case, and when to contact an employment attorney for support.
Table of Contents
Losing a job unexpectedly can leave workers feeling uncertain, especially if the termination seems unfair. Many employees are unaware of the frequency of wrongful termination in California—or that they may be protected under powerful California laws designed to prevent discrimination, retaliation, and abuse of power.
If you were fired for speaking up, taking protected leave, or refusing unsafe tasks, you may have rights you haven’t explored yet. Understanding how these situations unfold can help you take the first step toward protecting your future.
This guide breaks down common examples, outlines your legal protections, and provides guidance on what to do next.
What Counts as Wrongful Termination in California?
Wrongful termination occurs when an employer fires a worker for discriminatory reasons, violating workplace rights, or breaking California labor law. Even in an at-will state, employers cannot fire someone for reasons that violate:
- Discrimination laws
- Employment rights
- Company policies or employment contracts
- Public policy or workplace safety rules
- Employment agreements or implied contract terms
Wrongful termination in California also encompasses situations where an employer penalizes an employee for speaking out or exercising their legal rights.
10 Common Examples of Illegal Firings
1. Firing Based on Protected Characteristics
Under the Fair Employment and Housing Act, employers are prohibited from terminating a worker due to their membership in a protected class, such as race, gender, age, disability, national origin, or religion. These discriminatory reasons violate state and federal discrimination laws and create grounds for a wrongful termination claim.
2. Termination After Reporting Harassment
Reporting sexual harassment, bullying, or a hostile work environment is a protected activity. If an employer fires you for trying to keep the workplace safe, this may qualify as workplace retaliation and is illegal under California labor law.
3. Retaliation for Filing Workplace Discrimination Complaints
Employees who file workplace discrimination complaints with HR or the California Civil Rights Department cannot be punished for it. Any termination tied to a retaliation complaint may violate employment law.
4. Firing After Taking Protected Leave
California provides strong protections for medical leave, pregnancy leave, and family-related absences under the Family and Medical Leave Act and CFRA. If you were fired shortly after taking approved leave, contact employment lawyers immediately.
5. Terminating Parents for School-Related Leave
California laws permit eligible parents to take a limited amount of time off for school activities or emergencies. Wrongfully firing a parent—including grandparents, guardians, stepparents, or foster parents—for using this right may violate the law. Employers with 25 or more employees are required to comply (Labor Code section 230.8).
6. Firing for Refusing Illegal or Unsafe Work
Workers cannot be terminated for refusing to break the law, engaging in unsafe activities, or operating in hazardous work facilities. This includes situations involving workplace safety concerns, dangerous tasks, or unethical business conduct.
7. Forced Resignations
Sometimes employers try to push workers out instead of firing them directly. If conditions become so intolerable—excessive hostility, unfair discipline, unsafe tasks—that a reasonable person would quit, it may constitute wrongful constructive termination.
8. Retaliation for Whistleblowing
Reporting fraud, safety violations, wage and hour disputes, or misconduct is protected by law. Letting go of workers who expose wrongdoing can be grounds for legal action with the help of wrongful termination lawyers.
9. Termination for Requesting Workplace Accommodations
Employees with disabilities or health conditions have the right to request reasonable accommodations that enable them to perform their job duties effectively. Firing someone for asserting their workplace rights, requesting modified duties, or reporting workplace safety concerns is unlawful.
10. Letting Go of Workers for Wage and Hour Complaints
Firing employees who question unpaid wages, overtime errors, or missed breaks is a form of workplace retaliation. California labor law safeguards those who report violations.
Legal Framework: California Laws That Protect Workers
Employees in California benefit from some of the strongest worker protections in the nation. Key agencies and laws include:
- California Civil Rights Department – Oversees discrimination and retaliation investigations
- Fair Employment and Housing Act – Protects against discrimination and harassment
- Family and Medical Leave Act – Protects qualifying leave
- California labor law – Governs wages, breaks, and safe working conditions
These laws work together to ensure employees are not fired for unlawful or discriminatory reasons.
What Evidence Helps a Wrongful Termination Claim?
A strong case may include:
- Employment records
- Termination documentation
- Witness statements
- Emails, performance reviews, or messages
- Employee handbook pages
- Workplace discrimination complaints filed earlier
- Employment agreements or offer letters
Tip: Save documents immediately. Employers often restrict access after termination.
Steps to Take After Being Unlawfully Fired
- Write Everything Down: Record dates, comments, incidents, and names of witnesses.
- Request Your Employment Records: California law allows you to request your personnel file.
- Gather Communication: Collect texts, emails, instructions, or evidence of retaliation complaint activity.
- File Complaints if Needed: You may file with the California Civil Rights Department or federal agencies.
- Speak to an Attorney Early: A top-rated labor law lawyer in Los Angeles can explain your options and protect you from additional harm.
When to Contact a Labor Law Attorney
If you suspect wrongful termination in California, it is crucial to consult with an experienced employment attorney as soon as possible. A skilled advocate can evaluate your facts, preserve evidence, and help you understand how California laws apply to your case.
A top-rated labor law lawyer in Los Angeles can also negotiate with employers and pursue compensation for lost wages, emotional distress, and more.
FAQs
Can I file a wrongful termination claim without a written employment contract?
Yes. Even at-will employees are protected when terminations violate laws against discrimination.
What if my employer says I was fired for “good cause”?
A good cause must be legitimate and documented. Vague or inconsistent explanations can signal unlawful practices. For example, if your employer cites “poor performance” after months of positive reviews, it may indicate wrongful termination.
Does quitting disqualify me from filing?
Not always. If conditions were intolerable, it may qualify as constructive termination.
How long do I have to file my claim?
Deadlines vary. Some claims must be filed with state agencies first, primarily through the California Civil Rights Department.
Can I win my case with limited evidence?
Yes—employment lawyers can still build strong cases using patterns of conduct, witness statements, or inconsistencies in employer explanations.
Stand Up Against Unlawful Employer Actions
Wrongful termination in California can leave you dealing with financial strain, emotional stress, and uncertainty about your future. You deserve clarity and support. If you believe you were fired for discriminatory reasons, workplace retaliation, taking medical leave, or asserting workplace rights, help is available.
Reach out today for a free, confidential consultation. Our wrongful termination lawyers are ready to protect your rights and guide you through every step of the process.
