Wrongful Termination Lawyers for California Employees
Being fired can affect your income, career, reputation, and sense of stability. In California, most employment is at will, but that does not mean an employer can fire you for an illegal reason. If your termination was connected to discrimination, retaliation, whistleblowing, harassment, protected leave, or a violation of an employment contract, you may have a wrongful termination claim.
Hershey Law represents employees in Los Angeles, Orange County, and throughout California who believe they were wrongfully terminated. Our wrongful termination lawyers help employees understand their legal rights, gather evidence, and pursue accountability under California employment law.
What Is Wrongful Termination Under California Law
Wrongful termination occurs when an employer fires an employee for a legally prohibited reason. A wrongful termination claim may arise when an employee is fired because of a protected characteristic, protected activity, refusal to engage in illegal conduct, or a right protected by state or federal law.
Common examples include:
- Termination based on race, age, disability, gender, sexual orientation, pregnancy, religion, or national origin
- Retaliatory termination after reporting unlawful conduct
- Firing an employee after a sexual harassment complaint
- Termination after requesting family, medical, or pregnancy-related leave
- Firing an employee for refusing to participate in illegal conduct
- Termination in violation of an employment contract or implied contract
- Constructive discharge when unlawful working conditions force an employee to resign
Not every unfair firing is wrongful termination. The key question is whether the employer violated a law, protected right, contract, or public policy.
Discriminatory Termination
California’s Fair Employment and Housing Act, often called FEHA, protects employees from discrimination based on protected characteristics. These include race, color, ancestry, national origin, religion, sex, gender, gender identity, gender expression, sexual orientation, disability, medical condition, age, pregnancy, marital status, military or veteran status, and other protected categories.
A termination may be unlawful if it is based on:
- Age
- Race
- Religion
- Gender/Sex
- National Origin
- Disability
- Sexual Orientation
- Marital Status
- Pregnancy Status
Retaliatory Termination
Retaliation is one of the most common reasons employees contact wrongful termination attorneys. Retaliation occurs when an employer fires or punishes an employee for engaging in legally protected activity.
Protected activity may include:
- Reporting workplace discrimination
- Reporting sexual harassment
- Reporting wage and hour violations
- Reporting unsafe working conditions
- Refusing to engage in illegal conduct
- Participating in an investigation
- Filing a complaint with a government agency
- Requesting protected leave
- Reporting suspected violations of law under Labor Code §1102.5
California law protects whistleblowers from retaliation when they report suspected legal violations to a supervisor, government agency, or other covered recipient. Retaliation can include termination, demotion, pay cuts, schedule changes, exclusion, or other adverse actions.
If your employer fired you shortly after you reported illegal activity or workplace violations, timing may be important evidence.
Wrongful Termination After Harassment Complaints
Employees have the right to report sexual harassment, workplace harassment, and hostile work environment concerns without fear of retaliation. A termination may be wrongful if it follows a complaint about harassment or an employer’s failure to prevent or correct unlawful conduct.
Examples include:
- Being fired after reporting sexual harassment
- Being pushed out after rejecting unwanted advances
- Being terminated after supporting another employee’s harassment claim
- Being punished after reporting a hostile work environment
- Being fired after HR ignored a harassment complaint
A wrongful termination case may involve both harassment and retaliation claims, depending on the facts.
Termination After Pregnancy or Medical Leave
Employees may have legal protections when taking pregnancy disability leave, family leave, medical leave, or disability-related leave. California law provides up to four months of pregnancy disability leave when an employee is disabled by pregnancy, childbirth, or a related medical condition.
A wrongful termination claim may arise if an employer fires an employee for:
- Taking pregnancy disability leave
- Requesting reasonable accommodations
- Taking protected family or medical leave
- Reporting disability discrimination
- Returning from protected leave
- Asking for time off tied to a physical or mental impairment
Employers cannot use leave requests or accommodations as a reason to terminate employees.
At-Will Employment Does Not Allow Illegal Termination
California is an at-will employment state. In general, this means either the employer or employee can end the employment relationship at any time, with or without cause.
However, at-will employment has important limits. An employer can fire employees for a good reason, a bad reason, or no reason at all, but an employer cannot fire employees for an illegal reason.
A termination may constitute wrongful termination if it violates:
- California law
- Federal employment laws
- An employment contract or employment agreement
- An implied contract created by company policies or promises
- Public policy protections
- Anti-retaliation laws
If you were fired shortly after reporting misconduct, requesting leave, complaining about harassment, or asserting your rights, the reason your employer gave may not be the full story.
Termination That Violates an Employment Contract
Some wrongful termination cases involve employment contracts or company policies. Even in an at-will state, an employer may violate the law if the termination breaches a written contract, employment agreement, or enforceable promise.
This may involve:
- A written employment contract requiring cause for termination
- An implied contract based on repeated promises of continued employment
- Employee handbook language promising specific termination procedures
- A severance or compensation agreement
- Failure to follow progressive discipline policies
If your employer promised job security or specific termination procedures, those promises may matter.
Constructive Discharge and Forced Resignation
Wrongful termination does not always involve a direct firing. Sometimes, an employee is forced to resign because the work environment becomes intolerable due to unlawful conduct. This is known as constructive discharge, and it may also be described as constructive termination.
Constructive discharge may occur when an employee resigns because of:
- Severe harassment
- Retaliation after reporting misconduct
- Discrimination
- Unsafe or unlawful working conditions
- Demotion or humiliation tied to illegal conduct
- Employer actions designed to push the employee out
A resignation does not automatically prevent a claim. The question is whether a reasonable employee would have felt forced to resign under the circumstances.
Signs You May Have Been Wrongfully Terminated
Wrongful termination cases often depend on patterns, timing, and evidence. Warning signs may include:
- You were fired shortly after reporting discrimination or harassment
- Your employer suddenly created performance concerns after you complained
- Other employees were treated differently for similar conduct
- Your termination followed a protected leave request
- You were fired after refusing to participate in unlawful conduct
- Your employer violated its own termination procedures
- You were replaced by someone outside your protected class
- Your employer’s explanation keeps changing
A wrongful termination attorney can review the facts and determine whether the employer’s stated reason appears legitimate or pretextual.
Evidence That Can Support a Wrongful Termination Claim
Evidence matters in wrongful termination cases. If you believe you were wrongfully terminated, preserve anything that may show what happened before and after your termination.
Helpful evidence may include:
- Emails, text messages, and internal communications
- Performance reviews
- Employment contracts or offer letters
- Employee handbook policies
- HR complaints or complaint confirmations
- Witness names
- Pay records
- Termination letters
- Notes showing dates of key events
- Documents showing discrimination, retaliation, or harassment
Do not alter records or access documents you are not authorized to use. If you are unsure what you can preserve, speak with legal counsel.
Filing Deadlines and Right-to-Sue Requirements
Strict deadlines apply to wrongful termination claims. The deadline depends on the type of claim, the employer, and the law involved.
For discrimination, harassment, or retaliation claims under FEHA, employees generally must submit an intake form to the California Civil Rights Department within three years of the last harm. In many employment cases, employees must also obtain a Right-to-Sue notice from CRD before filing a lawsuit in court.
Other claims, including whistleblower retaliation, contract claims, wage-related claims, or claims involving public employers, may have different deadlines. Acting quickly helps protect your options.
What You May Recover in a Wrongful Termination Case
The remedies available depend on the facts and legal claims involved. Wrongfully terminated employees may be able to seek compensation for:
- Lost wages
- Past and future wages
- Lost benefits
- Emotional distress damages
- Attorney’s fees where allowed by law
- Punitive damages in appropriate cases
- Other remedies tied to the harm caused
No result is guaranteed. The value of a wrongful termination lawsuit depends on the evidence, the employer’s conduct, the available defenses, and the damages suffered.
How Our California Wrongful Termination Lawyers Can Help
Hershey Law represents employees in wrongful termination cases involving discrimination, retaliation, whistleblower claims, harassment, protected leave, implied contracts, and related employment disputes.
Our team can help by:
- Reviewing the facts surrounding your termination
- Identifying potential legal claims
- Preserving evidence and timelines
- Evaluating employment contracts and company policies
- Preparing required administrative filings
- Negotiating where appropriate
- Litigating when needed
We represent employees, not employers. Our focus is protecting California workers whose rights have been violated.
Why Employees Choose Hershey Law
Hershey Law is an employment law firm serving Los Angeles, Orange County, and employees throughout California. Our team handles employment law cases involving wrongful termination, retaliation, discrimination, harassment, wage and hour violations, whistleblower claims, and severance disputes.
We use careful evidence review, clear communication, and trial-ready preparation to help clients understand their options and pursue accountability under California law.
Request a Free Consultation With Los Angeles Wrongful Termination Lawyers
If you believe you were wrongfully terminated in Los Angeles, Orange County, or anywhere in California, Hershey Law can help you understand your rights and next steps.
Request a Free Consultation or call 818-962-0445 to discuss your situation with Hershey Law.
Frequently Asked Questions
What Counts as Wrongful Termination in California?
Can I Sue If I Was Fired Without Warning?
What If My Employer Says I Was Fired for Performance?
Performance explanations should be evaluated carefully. If you had strong reviews before reporting misconduct or if the employer’s explanation changed, those facts may support a wrongful termination claim.
Can I Be Fired for Filing a Sexual Harassment Complaint?
No. California law protects employees from retaliation for reporting sexual harassment, participating in an investigation, or opposing unlawful conduct.
Can I Be Fired for Serving on Jury Duty?
California Labor Code §230 prohibits employers from discharging or discriminating against an employee for taking time off to serve on a jury, provided the employee gives reasonable notice to the employer.
Do I Need a Right-to-Sue Letter?
For many FEHA-based claims involving discrimination, harassment, or retaliation, you must obtain a Right-to-Sue notice from the California Civil Rights Department before filing a lawsuit in court.
How Soon Should I Contact a Wrongful Termination Lawyer?
As soon as possible. Deadlines vary, evidence can disappear, and early legal guidance can help protect your rights.
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Why Employees Choose Hershey Law
Hershey Law is an employment law firm serving Los Angeles, Orange County, and employees throughout California. Our team handles employment law cases involving wrongful termination, retaliation, discrimination, harassment, wage and hour violations, whistleblower claims, and severance disputes.
We use careful evidence review, clear communication, and trial-ready preparation to help clients understand their options and pursue accountability under California law.
Contact Us Today!
Speak with our wrongful termination attorneys to discuss your situation and learn more about your legal options. We can help you gather evidence, file a wrongful termination claim, negotiate a settlement, and present your case in court if needed.
Were you unjustly fired? Take action and reach out to our law firm now by calling 818-962-0445 or contacting us online.